An employee cannot be discharged for refusing to perform an act that is a violation of a clear mandate of public policy.  A whistleblower is a person who reports or complains about  illegal activity or serious misconduct in a company and is fired for doing that.   A wrongful discharge claim arises because someone has been fired for doing his job or refusing to violate the law.   

businessman signing a contract

An employee is not compelled to perform illegal acts and generally cannot be disciplined for reporting them to a governmental entity.  Retaliatory Discharge of Employee for Refusing to Perform or Participate in Unlawful or Wrongful Acts, 104 A.L.R.5th 1.  Diagostino v. Johnson & Johnson, 133 N.J. 516 (1993).  In evaluating whistleblower claims, the following criteria can be  used :

  • Violation Is the illegal conduct clear and what material shows that.
  • Complaint  Was a governmental agency contacted.
  • Management   Was a complaint made to the Human Resources Department or management.
  • Performance   A company may defend the claim saying the employee’s performance was substandard.   Does that defense involve his participation in unlawful activities or other areas.
  • Damages  How has the employee been damages beyond the firing.  Was there psychological or other treatment.

This website compiles wrongful discharge claims, reviewing how courts have approached the claims.

WE OFFER A FREE CONSULTATION TO DISCUSS YOUR WRONGFUL DISCHARGE CLAIM.  CALL 973-598-1980 to find out about your rights.

Law Office of Howard A. Gutman
230 Route 206, Suite 307
Flanders, New Jersey 07836 (973) 598-1980 (tel) (973) 531-4110 (fax) New York Office 315 Madison Avenue, Suite 901 New York, New York 10165 email howardgutman@aol.com

                  Discharged woman
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