NJASA Legal Department Research Services - June 2020

The Conscientious Employee Protection Act (CEPA) protects employees from “retaliatory actions” by their employers when those employees have engaged in “whistleblowing” activity. Part One of this Administrative Guide series provided an overview of CEPA and discussed case examples of retaliatory actions involving non-renewals. This edition concludes the series and discusses personnel transfers as retaliatory actions, whistleblowing activities, the possible ramifications of tenure dismissal proceedings, and rules for when written notice must be given by an employee who wants to claim whistleblower status. 

In addition, the School News Briefs reviews three new cases including one in which the decision of the Teachers’ Pension and Annuity Fund (TPAF) to impose a ten percent pension forfeiture on a teacher who was dismissed for making racist statements. 

The Impact on Negotiations also reviews three new cases including one in which PERC denied a board’s request to restrain arbitration of a grievance contesting the withholding of a teacher’s increment for failing to follow safety protocols during a lockdown drill. 

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