Michael W Hoffman

Reported Decisions

Zubrycky v. ASA Apple, Inc.

381 N.J. Super. 162 (App. Div. 2005)

Holding, in part, resignation because of employer’s refusal to lawfully pay overtime wages does not constitute “constructive discharge” under Conscientious Employee Protection Act.

Atalese v. Long Beach Township

365 N.J.Super. 1 (App. Div. 2003)

Holding notice provisions of subsection b. of N.J.S.A. 59:4-2 and N.J.S.A. 59:4-3 are not applicable where public employees, through neglect or wrongful act or omission within the scope of their employment, create a dangerous condition.

Alderiso vs. The Medical Center Of Ocean County

167 N.J. 191 (2001)

Assigned matter after preceding responsible attorney arguably failed to file within statute of limitations period.  New Jersey Supreme Court held cause of action under Conscientious Employee Protection Act accrues on date of “actual discharge,” which is the last day an employee is paid a regular wage and, for computation purposes, first day to be included in limitations period is day after the date of actual discharge.