Yatauro v. State of New Jersey, Docket No. A2132-17T1 (App. Div. Dec. 2, 2019)

CEPA claim may be supported by plaintiff’s good faith belief of a public policy violation and without showing the alleged conduct constituted a violation of an established statute or regulation.

The plaintiff was employed as a prison administrator. Following her demotion and retirement, she commenced a CEPA claim premised upon her reporting a number of incidents that she felt violated a clear mandate of public policy but for which she provided no law, regulation or authority to sustain her belief that the employer acted illegally or unethically. In rejecting the defendants’ arguments on appeal after a jury verdict of $1.0 million, the court concluded that the plaintiff was not required to support her claim by reference to a defined statutory reference and that her generalized claims that the conduct constituted a misuse of government funds was sufficient to go the jury.

 

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