Mark & Galusha, Employment Law Attorneys - Hudson County, New Jersey
The New Jersey Supreme Court recently heard arguments in a case that will determine whether a person who was fired and exhausted his administrative remedies is prohibited from then pursuing a civil action against his former employer pursuant to the Conscientious Employee Protection Act (CEPA).
Steven Winters was a firefighter and captain with the North Hudson Regional Fire and Rescue from 1999 until he was fired in November 2006. Winters had a strained relationship with the fire department due to his complaints regarding radio communication equipment, safety and health issues, and for giving an internal report regarding the death of a firefighter to a news reporter. Due to stress, he went on "sick leave" in 2006, but worked other jobs while out on "sick leave." The Department asked him to be evaluated by a psychiatrist, which he refused, and when it ordered him to return to duty, he failed to do so. He was fired in November 2006.
Winters filed an appeal with the state Civil Service Commission, the agency responsible for determining employment disputes for public employees. The CSC upheld the fire department's disciplinary action and termination of Winters. Winters then filed a civil action in Superior Court against the department pursuant to CEPA, seeking civil remedies against the department for violating the whistleblower act. The department argues that Winters is collaterally estopped from filing a lawsuit under CEPA after an administrative law judge already determined that Winters' termination was proper. The Superior and Appellate Courts denied the department's claim, and the state Supreme Court recently heard oral arguments in the case.
Mark & Galusha, Lawyers handling employment matters in Hoboken and Union City, Hudson County, New Jersey. If you would like more information about this case, please contact Mark & Galusha, your employment law attorneys in Hoboken and Union City, New Jersey. For a free consultation, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the "contact us" page.
