New Jersey Lawyers BlogNJ Appeals Court Confirms Government Employees Can Only Litigate Employment Claims in One Forum
New Jersey public employees have multiple venues to litigate employment claims against their government employers.
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New Jersey government employees can sue in New Jersey state court, beginning with the Superior Court of New Jersey which sits in each county, for violation of state laws such as the New Jersey Conscientious Employee Protection Act, the New Jersey Civil Rights Act and the New Jersey Law Against Discrimination, and then the state appellate courts. For employment-related civil rights claims or violations of Federal laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act or the Fair Labor Standards Act, employees can file suit in the Federal courts beginning with the United States District Court for the District of New Jersey which sits in Camden, Trenton and Newark, with appeals heard by the United Staes Third Circuit Court of Appeals and then the United States Supreme Court. A civil service employee who alleges that she was disciplined in violation of civil service laws can appeal to the New Jersey Civil Service Commission, with appeals from Commission decisions being heard by the Appellate Division of the Superior Court of New Jersey. Tenured teachers and other education employees can appeal to the New Jersey Department of Education. Public employees can utilize the grievance procedure in the contract for allegations of violations of the contract for discipline, pay violations and other related matters. Grievance procedures in many union contracts often provide for binding arbitration with the Public Employment Relations Commission (“PERC”). PERC will also hear allegations of unfair labor practices, binding arbitration of certain contract negotiation impasses, scope of negotiations disputes, bargaining unit disputes, and certain appeals of discipline by law enforcement officers who are not employed in civil service jurisdictions.
Selecting the Forum: The Winters Case
Often multiple venues will have jurisdiction over an employee’s allegations. In that case the employee can choose the venue which she believes will be most advantageous for her. However, the New Jersey Supreme Court has applied the doctrine of collateral estoppel to require that in most circumstances an employee must litigate her claims in only one venue. Thus, in the case of Winters vs. North Bergen Regional Fire and Rescue, the New Jersey Supreme Court held that a firefighter who argued in the Civil Service Commission that retaliation for whistleblowing was the reason for his termination was barred from maintaining a suit for whistleblower retaliation in violation of the Conscientious Employee Protection Act (“CEPA”) in Superior Court.
The Ingrasselino Case
The Appellate Division of New Jersey’s Supreme Court recently affirmed this in the case of Ingrasselino v. Foligno. In that case an Elmwood Park police officer appealed his termination to the New Jersey Civil Service Commission. He argued that he was fired because of bias and discrimination for his family relationships, and in retaliation for complaints about wrongdoing in the department. The Civil Service Commission upheld his termination; the officer appealed but the Appellate Division affirmed the Commission’s decision. The officer and his wife then filed a complaint in New Jersey Superior Court alleging civil rights violations and that the termination was the result of whistleblower retaliation. The trial judge dismissed both the officer’s and his wife’s claims based on collateral estoppel in accordance with the Winters decision. They appealed to the Appellate Division. The Appellate Division again rejected the officer’s appeal, affirming the trial judge’s decision based on Winters. However, it reversed the trial judge’s dismissal of the officer’s wife’s claim. The court explained that since the officer’s wife was not a party to the case in the Civil Service Commission collateral estoppel could not be applied to bar her claims, and sent her case back to the Superior Court for a trial on the merits.
The Bottom Line: Pick Your Forum Wisely
The bottom line is that litigants must pick their forum wisely because they will be bound by that decision. So, for instance, if the officer’s primary goal was to get his job back he was correct in filing initially in the New Jersey Civil Service Commission (which in addition to reinstatement can also award back pay and attorneys fees). However, if his primary goal was for money damages the appropriate venue would have been the Superior Court which can also award damages for emotional distress and future lost pay as well as punitive damages. However, he couldn’t obtain a negative decision in one forum and then seek a different outcome in another.
Questions About New Jersey Employment Law?
If you have questions about employment law, including New Jersey civil service appeals and whistleblower litigation in the Superior Court or Federal Court, please fill out the contact form on this page or call (973) 890-0004 to schedule a consultation with one of our New Jersey employment attorneys. We can help.