Flashman v. Jet Aviation Flight Services, Inc., Docket No. A-1526-16T2, (App. Div. Jan. 29, 2018

Internal disagreement over manner of operating business operations is insufficient for purposes of asserting a CEPA Whistle Blowing claim.

The plaintiff was terminated following his refusal to accept a promotion. The job was then offered to another employee. The employer asserted that the plaintiff was no longer needed after he refused the promotion and the other employee accepted it. In contrast, the plaintiff claimed that his termination was in retaliation for his objecting to the employer’s failure to conduct its business to the highest degree of safety. That being said, the plaintiff failed to identify any specific safety violations or violations of safety standards. In affirming the trial court’s dismissal of the action, the Appellate Division reiterated that the gravamen of a CEPA claim requires that a plaintiff must identify a rule, regulation, statute or public policy that was allegedly violated by the employer.

 

Case Law Alerts, 2nd Quarter, April 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.