469 F. App'x 104
3rd Cir.2012Background
- Plaintiffs Robles, Saltos, Guzman, Sarmiento, and Lastra worked for Alliance to remove asbestos at Fort Dix, NJ in 2008 and were at-will employees per signed applications.
- Wages were paid at $19.04/hour per a DOL wage determination; some plaintiffs alleged promises of $40–45/hour during hiring, which they believed to be the federally mandated rate.
- Plaintiffs complained about pay (Robles Feb–May 2008; Lastra insubordination claim; others alleged wage concerns) and several were terminated (Guzman and Sarmiento Mar 10, 2008; Saltos May 7, 2008; Lastra Jun 15, 2008; Robles Aug 27, 2008).
- Plaintiffs filed wage- and retaliation-related complaints with DOL; after DOL investigation, back pay was awarded when misclassification was determined and DHA rates were adjusted.
- Plaintiffs sued in state court for CEPA retaliation, wrongful discharge, and defamation; federal district court granted summary judgment in favor of Alliance, which was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CEPA prima facie against retaliation | Plaintiffs contend protected activity caused adverse actions. | Alliance argues insufficient causation and timeliness; some claims time-barred. | Some CEPA claims time-barred; others fail causation. |
| At-will employment and public policy wrongful discharge | Discharge violated public policy for whistleblowing. | Employment at-will absent explicit contract; no public-policy violation shown. | Claims fail; public-policy exception not shown. |
| Defamation: defaming statements about theft | Alliance accused them of stealing copper, causing harm to reputation. | Unemployment proceedings privilege and lack of falsity/malice. | Defamation claims fail due to lack of false/malicious publication evidence. |
Key Cases Cited
- Sarnowski v. Air Brooke Limousine, Inc., 510 F.3d 398 (3d Cir. 2007) (CEPA elements and retaliation framework)
- Dzwonar v. McDevitt, 828 A.2d 893 (N.J. 2003) (causation and public-policy discharge analysis)
- Donofry v. Autotote Sys., Inc., 795 A.2d 260 (N.J. Super. Ct. App. Div. 2001) (retaliatory-discharge standard and causation)
- Maimone v. City of Atlantic City, 903 A.2d 1055 (N.J. 2006) (circumstantial evidence for retaliation)
- Farrell v. Planters Lifesavers Co., 206 F.3d 271 (3d Cir. 2000) (temporal proximity as evidence of retaliation)
- Conoshetti v. Pub. Serv. Elec. & Gas. Co., 364 F.3d 135 (3d Cir. 2004) (legal burden for whistleblower causation)
- Lastra v. Schering Corp. (Young v. Schering Corp.), 660 A.2d 1153 (N.J. 1995) (CEPA-related forfeiture of common-law retaliatory-discharge claim when CEPA filed)
- Romaine v. Kallinger, 537 A.2d 284 (N.J. 1988) (defamation and publication considerations)
- Fees v. Trow, 521 A.2d 824 (N.J. 1987) (unemployment proceedings privilege limitations)
- Luzerne Cnty. v. U.S., 660 F.3d 169 (3d Cir. 2011) (summary judgment standards and evidentiary sufficiency)