Young v. Schering Corp

In Young v. Schering Corp., 141 N.J. 16, 660 A.2d 1153 (1995), the New Jersey Supreme Court addressed the scope of the CEPA waiver provision involved in this appeal. The issue in Young was whether this provision precludes an employee who has filed a CEPA action from pursuing not only related common-law claims but also other claims that are substantially independent of the retaliation claim. The Court found that the purpose of the waiver provision is solely to "prevent an employee from pursuing both statutory and common-law retaliatory discharge causes of action" based on the same operative facts. Id. at 27, 660 A.2d 1153. For this reason, the Court rejected "the overly literal reading of the waiver provision urged by defendants," id. at 25, 660 A.2d 1153, and decided that this provision should be construed "narrowly," id. at 27, 660 A.2d 1153. Accordingly, the Court held that "the waiver provision applies only to those causes of action that require a finding of retaliatory conduct that is actionable under CEPA." Id. at 29, 660 A.2d 1153.