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Monday, December 26, 2011

MICHAEL C. SENISCH VS. JAMES CARLINO, ET AL. A-6218-09T3

MICHAEL C. SENISCH VS. JAMES CARLINO, ET AL.           A-6218-09T3 
     Pursuant to the 2005 "Health Care Professional Responsibility and Reporting Enhancement Act" (colloquially called the "Cullen Act"), N.J.S.A. 26:2H-12.2c, and also pursuant to prior case law establishing a qualified immunity for truthful job references by a former employer, defendants could not be held liable in a civil lawsuit for responding to a reference request with negative information from the personnel file of plaintiff, a physician's assistant.  Defendants were not required to include in the reference plaintiff's version of the circumstances of his termination since the settlement of a prior CEPA and LAD lawsuit he brought did not include an admission of wrongdoing by defendant former employer.  12-01-11