Jo Ann Lally, Plaintiff-Respondent v. Copygraphics, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that a plaintiff has a common law cause of action for wrongful discharge in retaliation for filing a workers' compensation claim, and that statutory penal sanctions and administrative relief under N.J.S.A. 34:15-39.1 and 39.2 are available concurrently with a judicial remedy. The Court reasoned that the statutes do not preempt a civil action and that the legislature did not intend to limit relief to the administrative remedies alone. Justice Schreiber dissented, arguing that the statute provides an exclusive remedy of reinstatement and back‑pay and that the Commissioner lacks authority to order such relief.