Chiofalo v. State of New Jersey et al, Docket No. 2349-16T1 (App. Div. Aug. 7, 2020)

Entitlement to proof issues and quantum of recovery of past and future lost wages under CEPA.

A New Jersey jury found in favor of the plaintiff on his CEPA claim and awarded him back pay, front pay, future lost pension benefits and punitive damages. In reversing the jury verdict and remanding the case for a new trial, the Appellate Division reiterated that past lost earnings can be proven by the difference between what the plaintiff would have earned and what he actually earned after the wrongful act. However, as to future lost wages, there must be a showing of a reasonable probability of loss flowing from the wrongful action and sufficient proofs so that the loss can reasonably be determined. Unlike a personal injury claim, there is no requirement that the plaintiff prove his or her net income, but the damages for future losses must be discounted to present value. Whether expert testimony is required is left to the discretion of the trial court and is case specific.

 

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