In The Supreme Court of New Jersey
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- Hon. Jonathan N. Harris, J.A.D. _________________________________________ Hon. Ellen L. Koblitz, J.A.D.
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| In The Supreme Court of New Jersey
Docket No.: 73,324 ________________________________________ JOEL S. LIPPMAN, M.D., ON PETITION FOR CERTIFICATION Plaintiff-Respondent, DOCKET NO.: A-4318-10T2 v. Civil Action
JOHNSON, INC., Sat Below: Defendants-Petitioners. Hon. Jose L. Fuentes, P.J.A.D. Hon. Jonathan N. Harris, J.A.D. _________________________________________ Hon. Ellen L. Koblitz, J.A.D. CERTIFICATION OF JOHN J. SARNO IN SUPPORT OF THE MOTION OF EANJ FOR LEAVE TO APPEAR AS AMICUS CURIAE John J. Sarno makes the following certification in lieu of Affidavit: I am President of the Employers Association of New Jersey (EANJ). I am also licensed to practice law within the State of New Jersey and have personal knowledge of the following: I have been authorized by the Board of Directors of EANJ to submit this Certification in support of EANJ’s motion to intervene in this matter and file an amicus brief on the merits. EANJ’s legal counsel, Proskauer Rose LLP, has notified counsel of record for Defendants-Petitioners of this application and has obtained their full consent for EANJ to appear as Amicus Curiae. The following four paragraphs address the specific requirements of Rule 1:13-9: Identity of the applicant: EANJ is a nonprofit employers association established in 1916. It is comprised of 900 employers within New Jersey that collectively employ more than 200,000 employees. EANJ does not engage in lobbying and is dedicated exclusively to helping employers make sound and responsible employment decisions and develop lawful workplace policies and practices. This Court has granted EANJ amicus status on seven previous occasions. Recognizing the organization’s unique educational and nonpartisan role, this Court permitted EANJ to participate in a series of landmark cases: Maw v. Advanced Clinical Communications, Inc., 179 N.J. 439 (2003) (refusal to sign a non-competition agreement does not constitute protected activity under the New Jersey Conscientious Employee Protection Act (CEPA)); Gerety v. Atlantic City Hilton Casino Resort, 184 N.J. 391 (2005) (employee who is disabled due to pregnancy not entitled to extended leave of absence under a uniformly applied leave policy that is non-discriminatory on its face); D’Annunzio v. Prudential Insurance Company, 192 N.J. 110 (2007) (whether an independent contractor has standing to sue under CEPA); Stengart v. Loving Care Agency, Inc., 201 N.J. 300 (2010)(whether an email sent from an employee to her attorney from a company-issued laptop could be read by the employer); Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010)(whether a Director of Human Resources can use company-confidential information obtained in her capacity as HR Director to sue her former employer, alleging gender discrimination and retaliatory discharge); and Aguas v. State of New Jersey, Docket No. 72,467 (2014) (whether employees can avoid liability by taking strong and aggressive anti-harassment measures). The Court also invited the EANJ to assume amicus status in Winters v. No. Hudson Regional Fire & Rescue, 212 N.J. 67 (2012)(whether a public employee who fully adjudicates a disciplinary notice can later sue his employer under CEPA). The Court has granted EANJ oral argument in several of these cases. Nature of the public interest: All three branches of our State government have confirmed that the remedial purpose of the New Jersey Conscientious Employee Protection Act (CEPA) is to protect the public by permitting a cause of action by an employee alleging an employer “activity, policy or practice” which, at a minimum, arises out of a law administrative rule, or regulation or clear mandate of public policy. Every day in every industry, employees disagree with each other and their managers over the best way to operate the business. Nothing in the language of CEPA, however, suggests that a cause of action can be based on a conflict over how a job should be performed or over the direction of the business. While an employee’s job title or job duties are not determinative of whether an employee has alleged an actionable cause of action under CEPA, an employee’s designated job duties can never be an activity, policy or practice consistent with CEPA’s legislative history and plain meaning of the statutory text. To hold otherwise would be to transform routine disagreements between an employer and employee into whistleblowing, create vexatious litigation and make it impossible to exercise the management prerogatives of a business, particularly a small business. Issue to be addressed: Whether an employee can state a cause of action under CEPA when the alleged whistleblowing is done as part and parcel of the employee’s job responsibilities or whether the whistleblowing must take place outside the scope of regular employment. To the best of my knowledge, EANJ’s involvement in this matter will not delay oral argument or final disposition of this case and no party to the litigation will be unduly prejudiced by granting this amicus application. This application has been made in a timely manner. I certify that the above statements are true. I am aware that if any of the forgoing statements made by me are willfully false, I am subject to punishment. Dated: _____________________________ John Sarno, President 6473/00998-121 current/42203821v1 Employers Association of New Jersey Directory: files files -> Answer True False 2 points Question 2 files -> Integer programming and game theory files -> 4 Integer Programming files -> Bpa vehicle Window Repair Scenario #1 task: Procure vehicle window relacement. Objective files -> Pop Warner History files -> North Carolina Inclusion Initiative Mapping Where Children with ieps are Being Served Purpose files -> Fall 2013 Spring 2014 Program Data: Standard 1 Exhibit 4d files -> Hanban – asia society confucius classrooms network 2010 request for proposal files -> Northern England’s set-jetting locations Download 14.31 Kb. Share with your friends:
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