Dennis O’malley, Respondent v. Department of Energy and Department of Civil Service, Appellants

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the Civil Service Commission's order, holding that the Department and Civil Service are not equitably estopped from returning O'Malley to his former position and that he was not entitled to a hearing before his demotion. The Court emphasized that equitable estoppel requires a misrepresentation, reliance, and detriment, which were absent, and that statutory scheme does not grant provisional employees a right to retain their appointment pending an examination.