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Filing of an Internal Complaint and Civil Complaint May be Whistleblower Activities

Mark & Galusha, Employment Law Attorneys - Riverton, Burlington County, New Jersey

Plaintiff was the Director of Facilities/Operations for defendant Winslow Township Board of Education.  In 2005, the plaintiff made a complaint to human resources that one of the Board members had committed “reverse discrimination” against him.  Plaintiff is caucasian and the Board member is African American.  Plaintiff filed a civil complaint against defendant in May 2007, alleging unlawful discrimination.  The Board terminated plaintiff in August 2007, and plaintiff amended his complaint to include a whistleblower claim under the Conscientious Employee Protection Act (CEPA). 

The Board of Education moved for summary judgment, which the Superior Court granted.  The plaintiff appealed the decision, and the appellate court reversed, finding that various complaints made by the plaintiff could be considered whistle-blowing events, such as the filing of an internal complaint followed by the filing of a civil complaint. 

Mark & Galusha, Lawyers handling employment matters in Riverside and Medford Lakes, Burlington County, New Jersey.

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