• New Jersey Supreme Court Holds That Retaliation Claims May Arise Even After The Employment Relationship Ends
  • March 10, 2010 | Authors: William R. Horwitz; Damian Shammas
  • Law Firm: Porzio, Bromberg & Newman P.C. - Morristown Office
  • In a victory for employers, the New Jersey Supreme Court recently held that the continuing violation theory does not permit a former employee to maintain an otherwise time-barred New Jersey Law Against Discrimination (“LAD”) claim for retaliatory discharge merely because the employer subsequently engaged in post-discharge retaliatory conduct within the statute of limitations period. The Court further held, however, that an employer’s discrete act of retaliation within the limitations period may provide an independent basis for a LAD claim, even if it occurred after the employment ended and did not relate to present or future employment. The Court’s decision, in Roa v. LAFE, 2010 N.J. LEXIS 3 (Jan. 14, 2010), highlights the risk that an employer’s conduct - even after an employee’s departure - may provide the basis for a retaliation claim.