5 Dos and Don’ts for Employers After NJ’s Ethicon RulingAugust 28, 2015 – In The News
Kenneth A. Rosenberg was featured in Law360 article “5 Dos and Don'ts for Employers After NJ's Ethicon Ruling.” Full text can be found in the August 28, 2015, issue, but a synopsis is below.
The recent New Jersey Supreme Court decision that the state's whistleblower law covers watchdog employees in performing their regular duties could result in more lawsuits from unhappy personnel regarding management decisions. The ruling allows watchdog employees to invoke the Conscientious Employee Protection Act without first trying to resolve any alleged wrongdoing.
“The primary issue resulting from Lippman is that watchdog employees now have the distinct advantage of being able to blunt their employers’ efforts to discipline or terminate them by arguing that such actions are motivated by retaliatory purposes as opposed to legitimate business concerns,” said Kenneth Rosenberg.