No Wages Means No Whistleblower Claims for Firefighter
A volunteer firefighter terminated after he made repeated complaints about his colleagues and superiors is not covered by New Jersey's Conscientious Employee Protection Act, a state appeals court ruled on Wednesday.
September 13, 2017 at 04:10 PM
3 minute read
A volunteer firefighter terminated after he made repeated complaints about his colleagues and superiors is not covered by New Jersey's Conscientious Employee Protection Act, a state appeals court ruled on Wednesday.
The former firefighter, Jeffrey Sauter, cannot invoke CEPA's protections since he received no actual wages or other remunerations from his longtime squad, the Colts Neck Volunteer Fire Co. No. 2, and cannot be considered to have been an “employee,” the three-judge Appellate Division panel ruled in a published opinion.
“Because plaintiff did not perform services for Colts Neck as a member of the volunteer fire department for wages or other remuneration … he simply cannot qualify as an employee under CEPA,” wrote Appellate Division Judge Allison Accurso for the panel. Judges Carmen Alvarez and Thomas Manahan joined in the ruling.
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