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Wednesday, August 31, 2016

NICOLE PRAGER VS. JOYCE HONDA, INC. A-3691-14T3


NICOLE PRAGER VS. JOYCE HONDA, INC.
          A-3691-14T3
We consider whether the trial court correctly dismissed plaintiff Nicole Prager's claims of retaliation and constructive discharge at the close of her proofs pursuant to Rule 4:37-2(b).
Although we reject the trial court's conclusion that plaintiff's report to the police of a workplace incident, in which a customer of her employer tugged down the sleeve of her shirt revealing her bra, was not protected activity under the LAD, we affirm the dismissal because the proofs were otherwise insufficient to sustain a judgment in plaintiff's favor.
We conclude plaintiff's constructive discharge claim was properly dismissed because no reasonable juror could find her receipt of two written warnings, which she contended were issued in retaliation for her pressing charges against the customer, and the coldness of her co-workers following her decision to go to the police "so intolerable that a reasonable person would be forced to resign rather than continue to endure it." Shepherd v. Hunterdon Developmental Ctr., 174 N.J. 1, 28 (2002) (quotation omitted).