New Jersey Transit is seeking a declaratory judgment finding that a critic of the agency's management who was fired is not entitled to protection under the state whistleblower law.

The agency filed suit Thursday against Todd Barretta, who was hired in February for the newly created post of chief compliance officer. Barretta was fired on Aug. 21, and four days later, he testified before a legislative committee that New Jersey Transit is mismanaged and beset by patronage.

The suit, filed in Mercer County Superior Court, seeks a declaratory judgment that New Jersey Transit's demotion, suspension and ultimate termination of Barretta were due to poor job performance and violations of agency policies, and did not violate the Conscientious Employee Protection Act. New Jersey Transit is “entitled to a declaration that it did not violate CEPA and that its actions with respect to Barretta's employment were not retaliatory,” the suit stated.