Mark Law Firm Blog

Terminated for Filing a Lawsuit-Is this Legal?

Posted by Jamison Mark on May 8, 2014 1:15:00 PM

While there are no published opinions confirming that filing a lawsuit constitutes protected activity under CEPA or N.J. public policy. As stated best in Hester v.Parker, an unpublished opinion, the decision of whether filing a complaint in court is considered protected activity has received "scant" attention. N.J. Superior Ct, App. Div., No. A-1681-09T1. In Parker, the Superior Court Appellate Division agreed with Sandom in concluding that a lawsuit may violate CEPA if two conditions are met: (1) the employer's conduct violates a mandatory legal standard, such as discrimination based on race, gender, religion, or sexual preference; and (2) the employee complained of the illegal activity in the workplace and the employer failed to adequately respond. Parker, N.J. Superior Ct, App. Div., No. A-1681-09T1.

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Topics: Wrongful Termination

Fired by an employer after filing a discrimination claim

Posted by Jamison Mark on May 8, 2014 1:10:00 PM

An April 2011 decision of the New Jersey Appellate Division affirmed the policy behind CEPA violation claims and allowing an employee to proceed on his whistleblower claim. Hester, a Caucasian male, former employee at the Winslow Township Board of Education (Board), claimed that the Board violated the Conscientious Employee Protection Act, when a member of its school board began issuing poor job performance evaluations to Caucasian employees.

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Topics: Wrongful Termination

I was terminated, and am thinking about suing. What are my obligations?

Posted by Jamison Mark on May 8, 2014 1:03:00 PM

The easy and quick answer is: ABSOLUTELY NOT! You are required by law to try, and use all reasonable efforts, to locate a new job. You are required to maintain records of your search for a new job. There are several issues to contemplate when looking for a new job, and you must make the decision to either accept or not accept an offer of employment.

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Topics: Wrongful Termination

I was subjected to retaliation, but did not lose anything of value from my job. Can I sue?

Posted by Jamison Mark on May 8, 2014 12:46:00 PM

Mark Law Firm, LLC are attorneys who will go to trial on adverse employment (or retaliation) cases and represent clients from Madison, Mendham and New Vernon New Jersey.

The Law Against Discrimination provides protection to employees who have filed a complaint, testified or assisted in any proceeding under the Act, or from coercion, intimidation, threats or interference with any person or from anyone who aids, abets, entices, etc., another person in violating a person's right under this Act.

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Topics: Wrongful Termination