Casino Worker's Wrongful Discharge Case Dismissed Under New Jersey Employment Law.

May 8, 2009

The Appellate Division dealt New Jersey employment lawyers representing plaintiffs a blow today. The Division ruled today that that an at will casino employee terminated because of bad publicity associated with his co-employee's illegal acts does not state a cause of action for wrongful discharge under New Jersey employment law.

A casino employee in Atlantic City admitted to the Casino Control Commission that he conducted illegal surveillance as a security/surveillance employee while working for the Caesar's Palace Casino in Atlantic City. The illegal surveillance involved the use of the "eyes in the sky" cameras to ogle women in the casino. The plaintiff, another employee that worked in the same department of the wrongdoer, did not admit to the illegal conduct but was fired because of the bad publicity associated with the case before the casino control commission. . Does he have a case for wrongful discharge? Not according to the New Jersey Appellate Division. A New Jersey employment lawyer filed a lawsuit on behalf of the plaintiff for wrongful discharge in violation of New Jersey public policy laws. The plaintiff also field a claim for false light based on comments made by the Casino to the press. The New Jersey Appellate Division ruled that the plaintiff's false light claim was rooted in defamation, and therefore, must be dismissed because the lawsuit was not filed within the one-year statute of limitations. The Appellate Division also booted the public policy claim holding that the employee was at will and the Casino had every right to terminate the employee because it believed he was not performing his job.