Statute of limitations for pursuing either CEPA or NJLAD claim is not tolled by Civil Service Appeal.

The plaintiff, a former police officer, appealed from the dismissal of his CEPA and NJLAD claims, which the trial court had dismissed on statute of limitations grounds. On appeal, the plaintiff asserted that the accrual of his cause of action should run from the date that the Administrative Appeal to the Civil Service Commission was issued, instead of from the date of his actual termination. In rejecting this argument, the Appellate Division noted that the administrative filing was not a prerequisite for either claim and, therefore, the plaintiff’s decision to pursue his appellate rights before the Commission did not toll the time to file his wrongful discharge claim in court.

Case Law Alerts, 3rd Quarter, July 2014