NJ Supreme Court says that Employer cannot force Employee to pay for attorney’s fees even if he loses Conscientious Employee Protection Act case
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The New Jersey Supreme Court just released its opinion in Thomas Best v. C & M Control Doors, Inc. which held that a Defendant/Employer cannot shift the burden of paying his attorney fees in a Conscientious Employee Protection Act (CEPA) case even if the Plaintiff/Employee loses that portion of the case. CEPA is New Jersey’s version of the Whistleblower Law. The Act permits employees who are fired after complaining that their employer was breaking the law, to sue and have the employer pay them their damages. The law also allows the court to require the employer to pay the employees attorneys fees. In Best, the employee was able to prove that the employer did not pay him the prevailing wage under the Prevailing Wage Act law but failed to show that he was fired because he complained about his wages. The employer tried to make the employee pay its attorneys fee under CEPA. The New Jersey Supreme Court said that a CEPA plaintiff does not have to pay attorneys fees when they lose. Clearly, the law was designed to protect the employee and encourage the employee to complain about illegal behavior. The Court’s decision furthers the intent of the statute.
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