Carrano v. Pompilio, No. A-1264-08T2 (App. Div., August 27, 2009) – The plaintiff, a real estate agent, had a dispute with his employer over a commission after the client was transferred to another agent. The plaintiff threatened to write a letter to the Real Estate Commission outlining alleged improprieties if he did not receive his commission. He was then terminated and filed suit under CEPA.
The Appellate Division upheld a directed verdict in favor of the employer, finding that the plaintiff’s conditional threat defeats his entitlement to whistleblower status because his actions were clearly premised upon his personal financial gain, and not his sense of duty to report illegal conduct.
Note: This article was published in the September 2009 issue of the New Jersey eAuthority.