Employee’s specific job duty to report improper conduct does not preclude a CEPA claim for performing his/her job duties.

The plaintiff claimed that he was terminated in retaliation for reporting conduct which he reasonably believed violated the law. The complaint had been dismissed by the trial court based upon the conclusion that the plaintiff could not state a prima facia case under CEPA since the plaintiff’s job duties required the very report that was made. In reversing the trial court dismissal, the Appellate Division concluded that a claim could be maintained if the plaintiff could establish that he advocated compliance with the appropriate legal standard and that he suffered an adverse employment action in response.

Case Law Alerts, 4th Quarter 2013