CEPA Does Not Protect an Employee’s Inappropriate Conduct

Taylor v. Atlantic City Hilton Casino Resort, et al., 2008 WL 5096877 (App. Div., December 4, 2008) – Here, the Appellate Division held that New Jersey’s Conscientious Employee Protection Act (CEPA) does not protect an employee’s inappropriate conduct. The plaintiff, a dealer at a roulette table, asserted that he was objecting to what he believed to be cheating by a patron when he moved the patron’s hand and cheques away from the table, actions which violated the employer’s policies. The plaintiff argued that his actions and “objection” constituted protectable whistleblowing activity. The court rejected the plaintiff’s argument, holding that conduct which violates an employer’s policies is not protected by CEPA.

Note: This article was published in the January 2009 issue of the New Jersey eAuthority.