Barbara R. Fleming, Plaintiff-Appellant v. Correctional Healthcare Solutions, Inc., Jennifer Miers and Sally…

Summary

The New Jersey Supreme Court reversed the Appellate Division's grant of summary judgment and remanded for further proceedings, holding that an employer cannot rely on a chain‑of‑command policy to defeat an employee's CEPA whistleblower protection and that the issue of retaliation must be decided by a factfinder. The Court noted that the definition of "supervisor" under CEPA includes the employee to whom the complaint was made, and that the employer's stated reasons are factual issues, not matters of law. Justice Verniero dissented, arguing that the plaintiff failed to show retaliation and that summary judgment was appropriate.