05-07-09 Robert Swan v. Boardwalk Regency Corp., et al.
A-6229-07T1
We upheld the trial court's summary judgment dismissal of
the complaint of plaintiff, an at-will employee in Caesars'
surveillance department, alleging a Pierce claim for wrongful
discharge in violation of public policy. Plaintiff was
terminated following charges by the Division of Gaming
Enforcement alleging improper surveillance of female patrons by
plaintiff and co-employees; the Casino Control Commission
subsequently found no violation by plaintiff. We agreed
plaintiff was not fired in violation of a "clearly enunciated
public policy" and the employer had the right to independently
assess plaintiff's conduct and the bad publicity surrounding the
charges and terminate plaintiff with or without cause.
The trial court also correctly dismissed plaintiff's false
light invasion of privacy claim, grounded in allegations
defamatory in nature, as time-barred by the one-year statute of
limitations applicable to defamation, N.J.S.A. 2A:14-3. This
holding is consistent with the dicta in Rumbauskas v. Cantor,
138 N.J. 173 (1994) and decisions throughout the country.
