Advocacy

Aguas v. State of New Jersey NJ Supreme Court (2015) An employer in a hostile work environment sexual harassment case may assert as an affirmative defense that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.

D’Annunzio v. Prudential Insurance Company NJ Supreme Court (2007) Seeking the reversal of an appellate court decision holding that an independent contractor has standing to sue as a whistleblower under the NJ Conscientious Employee Protection Act.  The Court holds that an Independent Contractor could have standing to sue if the Independent Contractor is under the direction and control of the employer and where the Independent Contractor is performing core services of the organization.

Carrone v. UnitedHealth Third Circuit Court of Appeals (2021)  Where an employee does not dispute consent to arbitrate employment claims under an agreement with her employer, claims challenging consideration or alleging fraud in the inducement of the arbitration agreement, or that the employer’s promise was illusory must be submitted to the arbitrator for adjudication.

Gerety v. Hilton Casino Resort NJ Supreme Court (2005) Holding that a woman who is disabled due to her pregnancy and who takes 180 days off from work is not entitled to additional leave if men with disabilities are required to adhere to the same 180-day maximum.

Joyce Quinlan v. Curtiss-Wright Corporation NJ Supreme Court (2010) The Court rules that a Director of Human Resources can, under certain circumstances, remove and  use company – confidential information obtained in her capacity as HR Director to sue her former employer, alleging gender discrimination and retaliatory discharge.

Lippman v. Ethicon NJ Supreme Court (2015)  The Conscientious Employee Protection Act applies when the alleged whistleblowing activities are disclosures made by “watchdog” employees in the normal scope of employment.

Maw v. Advanced Clinical Communications, Inc. NJ Supreme Court (2004) Holding that the refusal to sign a non-competition agreement does not constitute legally protected whistleblowing activity.

Puglia v. Elk Pipeline NJ Supreme Court  (2016) The National Labor Relations Act does not preempt a state law civil retaliation claim under the Conscientious Employee Protection Act where the claim does not require an interpretation of a collective bargaining agreement.

Skuse v. Pfizer N.J. Supreme Court (2020) The court ruled that an agreement to arbitrate employment claims is enforceable when an employee provides explicit, affirmative consent, either in writing or written or electronically. The court gives guidance to employers that utilize electronic methods, such as emails and PowerPoint presentations, to obtain employees’ consent and suggests a “click box” is sufficient to make it “unmistakably clear” that the employee is “voluntarily  agreeing” to the arbitration policy.

Stengart v. Loving Care Agency, Inc. NJ Supreme Court (2010) The court ruled that an employer’s interest in enforcing its electronic communications policy, which permits occasional personal use, does not outweigh an employee?s privacy interest in personal email communications sent to and from her lawyer.

White v. Starbucks N.J. Appellate Division (2011) The court ruled an employee does not state a cause of action under the Conscientious Employee Protection Act when the alleged whistleblowing activity constitutes the activities that an employee is hired and paid to perform.  Supreme Court of New Jersey denies Certification – 4/11/12.

Winters v. North Hudson Regional Fire NJ Supreme Court (2012) The Court holds that a public employee who fully adjudicates a disciplinary notice where the tribunal finds that he has been fired for cause, cannot later sue his employer under the Conscientious Employee Protection Act (CEPA).