On Sept. 4, a New Jersey Appellate Division panel held that an employee who reports wrongdoing as part of his job is not automatically barred from whistleblowing protection afforded under the Conscientious Employee Protection Act (CEPA), N.J.S.A. § 34:19-1 et seq. Lippman v. Ethicon, 432 N.J. Super. 378, 406 (App. Div. 2013). In so doing, the panel broke with a line of cases that had denied CEPA whistleblowing protection to employees based on the employee’s job title or responsibilities.
As the former vice president of medical affairs at Ethicon, a subsidiary of Johnson & Johnson, plaintiff Joel S. Lippman, M.D., reviewed and reported on product safety, ensured safe medical practices and provided medical reviews. During his tenure at Ethicon, he had repeatedly raised concerns about the safety or efficacy of various pharmaceutical and medical products. Ethicon subsequently terminated him, claiming his “inappropriate relationship” with a direct subordinate as the reason for its action. The plaintiff responded by filing this CEPA claim.
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