JOSEPH A. DONELSON AND JOHN SEDDON VS.
DUPONT CHAMBERS WORKS AND PAUL KAISER
A-2028-08T1 02-24-10
We extend to a CEPA cause of action the same requirement
that already applies to a plaintiff seeking economic damages
under the LAD, namely a requirement that the plaintiff prove a
constructive discharge or an actual termination of employment
before being entitled to an award of back and front pay.
Because the trial judge erroneously accepted plaintiff's
argument that the jury need not be instructed on constructive
discharge or required to so find, we vacated the $724,000
economic loss award and the $500,000 punitive damages award and
remanded for the entry of judgment in favor of defendant.
