Public Policy Violations & Claims
In addition to discrimination and whistleblowing retaliation, an employer may face liability if an employee has been terminated in violation of public policy. These public policy claims have become known as “Pierce” claims, having arisen from a case, Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58 (1980). Pierce claims have been applied to cases where an employee may not fit into a protected class and may not have blown the whistle, yet still finds himself or herself terminated for a reason that violates public policy.
Some examples of public policy violations and claims in NJ where successful plaintiffs have established a cause of action for a Pierce claim include where an employer has unconstitutionally and unreasonably required an employee to submit to a drug test; where an employee has been terminated for filing a workers’ compensation claim; and where an employer terminated an employee because the employer objected to an employee’s private consensual sexual activities.
Recently, there has been much litigation regarding marijuana use for disabilities. Employers must accommodate employees who are prescribed marijuana or other THC/CDB products for their disabilities. Employers must also accommodate employees who cannot receive vaccinations due to medical or religious reasons.
Although many Pierce claims may also be protected under the Conscientious Employee Protection Act and therefore waived, there are many other situations where no statute protects an employee, but a common law Pierce claim may still be viable. As a top employment lawyer in NJ, Schorr & Associates has litigated many successful Pierce claims and can assist you in understanding whether a termination violates public policy, and is therefore actionable. Contact us for a free initial telephone consultation today.
Interested in more information?
Watch our short video on the subject below. Contact us if you have any questions.
Request a Free Initial Consultation
Related Practice Areas
Retaliation
The New Jersey Law Against Discrimination (NJLAD), New Jersey’s Conscientious Employee Protection Act (CEPA), the New Jersey Civil Rights Act (NJCRA), the…
Whistleblower Protection
New Jersey’s Conscientious Employee Protection Act (CEPA) is one of the broadest and most powerful whistleblower protection statutes in the United States. CEPA protects…
Breach Of Contract
The New Jersey Law Against Discrimination broadly protects against discrimination on the basis of sex or gender. This also includes protection against discrimination…
Discriminatory Terminations
New Jersey’s Law Against Discrimination (LAD) provides broad protection against discrimination. If you are discriminated against because you…
Public Policy Violations
In addition to discrimination and whistleblowing retaliation, an employer may face a wrongful termination suit if an employee has been terminated in violation of public policy. These public policy claims…