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Thursday, June 16, 2011

Blowing the Whistle on Unsafe Workplace Conditions Gets a Boost

The New Jersey Supreme Court gave a boost to whistleblowers who challenge employers. The Court in a 4 to 2 decision held that an employee who becomes the victim of employer retaliation for engaging in protected whistle-blowing activities, can file a wage-loss claim without proving constructive discharge.

An employee at DuPont Chambers Works for thirty years reported that phosgene gas, a highly toxic and reactive substance, was being handled in a dangerous fashion. The employee, who reported the unsafe workplace condition to the headquaters of DuPont buut became a target of employer harassment and suffered the residuals of psychological disability

Justice Albin, delivering the opinon of the Court stated: "If an employer engages in unlawful retaliation, then it is accountable for the damages proximately caused to the employee."

Donelson v. DuPont Chambers Works, A-112-09, Decided June 9, 2011 (NJ 2011)