In Hitesman v. Bridgeway Inc., 430 N.J. Super. 198 (App. Div. March 22, 2013), the New Jersey Appellate Division held that an employee’s difference of opinion with his health care employer, concerning the steps the hospital was taking to combat the hospital’s infection rate, was insufficient to state a claim under the Conscientious Employee Protection Act (CEPA). Although the employee cited a nursing code of ethics as the basis for his belief that the employer’s conduct was incompatible with a clear mandate of public policy concerning the public health, safety, or welfare or protection of the environment, the court found that this code did not apply to the employer (instead it provided guidance to nurses themselves). Therefore, the court held that there was no reasonable objective belief that the employer’s conduct constituted improper patient care or violated public policy. This case is now before the New Jersey Supreme Court, which recently granted certiorari.


Browse More Insights

Practice Group

Employment Law

Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

Learn more

Sign up to receive emails about new developments and upcoming programs.

Sign Up Now