U.S. District Judge John Vazquez/courtesy photo

A federal judge in New Jersey has ruled that a plaintiff alleging he was fired from Public Service Electric & Gas Co. for blowing the whistle cannot pursue separate wrongful termination claims under the state's Conscientious Employee Protection Act and common law.

U.S. District Judge John Vazquez, sitting in Newark, on Tuesday dismissed plaintiff Robert Hrinuk's common-law wrongful termination claim. Hrinuk's allegation that PSE&G wrongfully terminated him in violation of CEPA remains alive.

Vazquez said that once Hrinuk filed a claim of wrongful termination under CEPA, he was precluded from pursuing a common-law wrongful termination claim under the New Jersey Supreme Court's 1980 ruling in Pierce v. Ortho Pharmaceutical.

CEPA, Vazquez said, contains a clear waiver providing that “institution of an action in accordance with this act shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, State law, rule or regulation or under the common law.”

“The waiver provision in CEPA bars plaintiff from bring a parallel claim under New Jersey common law when both claims are based on the same conduct,” Vazquez said in his ruling.

Hrinuk sought common-law damages under Pierce, where the court allowed a plaintiff to seek compensation for wrongful termination that violated public policy.

Vazquez agreed with PSE&G that Hrinuk was required to make an election between the two. When exactly an action is deemed “instituted” as per the waiver's language isn't entirely clear, Vazquez said, noting that other courts, including the U.S. District Court for the District of New Jersey last May in Westberry v. State Operated School District of Newark, have held that the election must be made at the close of discovery.

“Because discovery in this case has closed, the Court concludes that Plaintiff's claim is barred by CEPA,” Vazquez said of Hrinuk.

Hrinuk's attorney, George Cotz, said he'll continue prosecuting the other counts.

“The lawsuit is very much alive,” said Cotz, who heads a firm in Ramsey.

PSE&G's attorney, Michael Bissinger of the Parsippany office of Day Pitney, did not return a call seeking comment.

Hrinuk claims he worked for PSE&G as an inspector from 1980 to 2013, when he was fired, allegedly for raising concerns about the Newark-based utility company's inspection practices.

Hrinuk, Cotz said, was assigned to work in suburban Essex County. His job was to ensure that residential and business connections at construction sites were performed properly. He alleged that he was unable to do so because of an excess number of job assignments, Cotz said.

Hrinuk was “forced and directed to sign off on work that he had not actually inspected … [and] work he knew had not been done,” the lawsuit alleges.

When he complained to his superiors, Hrinuk was fired, he claims.