NJ Discrimination Suit’s Lessons to Employers Nationwide, in Law360January 10, 2014
Maxine Neuhauser, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the Newark office, wrote an article titled "NJ Discrimination Suit's Lessons to Employers Nationwide." (Read the full version — subscription required.)
Following is an excerpt:
In a case that may have a broad impact, the New Jersey Appellate Division issued a decision on Dec. 24, 2013, upholding criminal charges against a former school board clerk who took hundreds of confidential documents for the alleged purpose of supporting discrimination, whistleblowing, and other claims against her employer.
The employee now faces trial for theft and official misconduct, despite her contention that her conduct constituted protected activity. The decision, State of New Jersey v. Saavedra, Docket No. A-1449-12T4 (N.J. Super. Ct., App. Div., Dec. 24, 2013), which included a dissent, has been approved for publication and offers both guidance and caution with regard to protections and consequences that may arise from an employee's unauthorized taking of confidential documents.