The protection of CEPA does not extend to employees who are engaged in whistleblowing activity based on the actions of third parties.

The plaintiff sued her employer, alleging wrongful termination and violations of the CEPA and NJLAD. The trial court dismissed the plaintiff's CEPA claims for failure to state a claim. After the conclusion of discovery, the trial judge granted summary judgment in favor of the defendant and dismissed the remainder of the plaintiff's claims. In upholding the dismissal, the Appellate Division concluded that CEPA protections are not extended to protect employees who are engaged in whistle blowing activity based on the Actions of third parties, such as customers.

Case Law Alert - 3rd Qtr 2011