CEPA’s one-year statute of limitations begins to run on last date of employment when claim is premised upon a claim of wrongful termination.

The plaintiff filed a CEPA whistleblower complaint against the defendants, alleging retaliation and that he was coerced into executing an agreement that required his resignation. The complaint was filed over one year after the agreement was signed but less than one year from the last date of actual employment. In reversing the trial court’s order of dismissal, the Appellate Division held that the one-year statute of limitations under CEPA begins to run from the last date of employment in a case alleging wrongful discharge. In cases where constructive discharge is alleged, the statute of limitations may be held to commence when the employee is compelled to resign.

_{Case Law Alerts, 3rd Quarter, July 2016}

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