Kevin J. O’Connor Authors Article in NJ Law Journal
Published Date: July 1, 2014
Kevin J. O’Connor authored an article titled “Employer-Friendly Decision Restricts Scope of CEPA – The Hitesman whistleblower case comes to a conclusion” that appeared in the New Jersey Law Journal, July 1, 2014. The story focuses on one of two closely-watched New Jersey Supreme Court cases to be decided this year, the Court has rendered an employer-friendly decision which undoubtedly limits the application of New Jersey’s whistleblower statute, the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (“CEPA”), in the health care arena. In Hitesman v. Bridgeway, Inc., 430 N.J. Super. 198 (App. Div.), certif. granted, 214 N.J. 235 (2013), an employer who fought back saw its strategy pay off when the Court recognized that an employee suing under CEPA cannot rely upon internal company handbooks or nursing code ethics provisions which apply solely to nurses, as some basis for a whistleblower claim.