Fleming v. Correctional Healthcare Solutions, Inc.

This appeal concerns the Conscientious Employee Protection Act (CEPA or Whistleblower Act), N.J.S.A. 34:19-1 to -8. The central question in the appeal is the extent to which an employer can dictate to its employees the manner in which complaints of illegal workplace conduct can be made. More specifically, can an employer fire an employee on the basis of “insubordination” because the employer has directed that the complaints be submitted to a lower-level supervisor who had previously ignored the same complaints?

Plaintiff contends that CEPA permits employees to submit legitimate CEPA complaints…