Case Law Alerts
CEPA does not allow a recovery for future wage loss absent a showing of an actual or constructive termination.
Following a jury trial, the plaintiff was awarded $724,000 in economic damages and $500,000 in punitive damages. The jury awarded nothing for emotional distress or for pain and suffering. The evidence at trial was that the plaintiff retired on a disability pension. On appeal the verdict was set aside since the court concluded that in the absence of an actual or constructive termination, there could be no award for economic damages. Since the jury awarded nothing for emotional distress, there was no cognizable loss to the plaintiff.
Case Law Alert - 2nd Qtr 2010