Job duty exception to New Jersey whistle-blower claim brought under CEPA.

The plaintiff was employed by the labor union, and, as part of his regular duties, he would participate in financial audits. The plaintiff claimed that he was terminated for cooperating in the financial audits which he asserted disclosed wrongdoing. In dismissing the lawsuit, Judge Thompson held that both the state and federal courts in New Jersey have recognized a "job duty exception" to a whistle-blower claim brought under CEPA when the "whistle-blowing" relates to an activity that is part and partial of the employee's regular job duties. As such, Gianfrancesco could not assert a CEPA claim based upon the results of a financial audit that he was specifically commissioned by the Union to conduct.

Case Law Alert - 2nd Quarter 2013