Keelan v. Bell Commun. Research

In Keelan v. Bell Commun. Research, 289 N.J. Super. 531, 674 A.2d 603 (App.Div.1996) the plaintiff filed a CEPA complaint alleging retaliatory termination. He received notification on September 23, 1992, that his employment would be terminated on December 2, 1992 and initiated his lawsuit on November 30, 1993. Noting that CEPA is remedial legislation and as such must be liberally construed, we adopted the date of actual termination rather than the date of notification as the date of termination for the CEPA one year limitation period on the ground that an employer could alter a decision up to the time of discharge. Id. at 540. Contrary to plaintiff's position, we did not hold that the discovery rule was applicable to the CEPA statute of limitations but rather that the starting date runs from the effective date of the retaliatory action, defined by the statute as the date of "discharge, suspension or demotion." N.J.S.A. 34:19-2(e).