On April 9, 2012, the New Jersey Appellate Division overturned a jury award of $3.6 million to a plaintiff who previously had convinced a jury that he was terminated for complaining about his reduced commissions, in violation of the Conscientious Employee Protection Act (CEPA), rather than—as the employer claimed—for his inappropriate emails. Powell v. Wachovia Corporation et. al., A-1727-10T4 (N.J. App. Div. Apr. 9, 2012). In overturning the jury award, the Appellate Division held that the plaintiff’s retention of counsel and his objection merely sought to vindicate a personal right (a contract dispute) which did not serve a public purpose necessary to state a claim under CEPA and that the plaintiff did not have a reasonable objective belief that his commission reduction was “fraudulent, deceptive, or unlawful.”
Once again, we remind New Jersey employers with 10 or more employees of their annual obligation to distribute to their New Jersey employees the required notice under the Conscientious Employee Protection Act (CEPA). The notice (available here) must be provided in both English and Spanish. The notice must be completed with the appropriate contact information prior to distribution to employees and posting in the workplace. It may be distributed in hard copy or electronic format. It should be noted that simply having a poster or a policy in a handbook does not satisfy an employer’s notice obligation under CEPA.
The Internal Revenue Service(IRS) has given employers until December 31, 2012 to correct a problem frequently found in severance agreements and other similar arrangements. If the problem is not addressed by that date, then it could be much more expensive to correct the issue later. Typically the issue arises in…..
Best-selling author and CEO of C-Suite Analytics, Dick Finnegan has been cited by Businessweek, Chief Executive magazine, and Consulting magazine as the leading thinker on employee retention. I had a chance to query him on a topic of great importance to many employers. JATHAN JANOVE: We hear a lot about how…..