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Employee not required to appeal of adverse administrative decision before pursuing CEPA claim.

January 1, 2011
Racanelli v. County of Passaic, Docket No. A-5350-08T3 (App. Div. November 10, 2010)

The plaintiff was employed by the sheriff's department. After being laid off, he sought relief before the Civil Service Commission where his claim was denied. The plaintiff did not appeal this decision but, instead, filed suit in the Superior Court. The Appellate Division Panel reversed the Trial Court Order dismissing the suit and held that administrative exhaustion was not required and that the plaintiff had the option to pursue his claim in either forum.

Case Law Alert - 1st Qtr 2011

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Lawrence B. Berg
(856) 414-6031

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