Wrongful Discharge: Employment Law

Attorney Kevin Costello

Sometimes you are a whistle blower and you can make use of our whistle blower statute. But sometimes if you are only taking action on your own behalf, if you’re not really implicating the public policies of our CEPA, whistle blower statute you still have protection under what we call our common law. Wrongful discharge case, that’s called Peirce vs. Ortho Pharmaceuticals Inc.

What that basically means is that if you do something that is protected by a public policy of our state you can’t be retaliated against for it. One of the most common ways that tends to come up is with workers compensation rights. If you file a worker’s compensation case, if you ask about your workers compensation rights and then you are retaliated against for it, that’s not a whistle blower case because you haven’t blown the whistle, but it is a public policy discharge case and you do have rights and remedies.

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Wrongful Discharge: Employment Law

Attorney Kevin Costello

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