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.
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.
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