New Jersey’s Whistleblowing Law is “remedial social legislation designed to promote two complementary public purposes: ‘to protect and [thereby] encourage employees to report illegal or unethical workplace activities and to discourage public and private sector employers from engaging in such conduct.”’ D’Annunzio v. Prudential Ins. Co., 192 N.J. 110, 119 (2007) (quoting Yurick v. State, 184 N.J. 70 (2005)).
New Jersey’s public policy to protect whistleblowers is so strong that it even permits an employee working outside of New Jersey to bring a whistleblower claim alleging violations of New Jersey’s Conscientious Employee Protection Act (CEPA). This is exactly what occurred in Moore v. Novo Nordisk, Inc., 2011 WL 1085015 (S.C. Dist. Ct. Mar. 22, 2011). There, Plaintiff Moore, a resident of South Carolina, worked as a sales representative for Novo Nordisk (“Novo”), a global pharmaceutical company, at one of Novo’s locations in South Carolina. Novo maintains its United States corporate headquarters in Plainsboro, New Jersey.
Moore claimed she was told by a supervisor, who was also South Carolina resident, to give autographed basketballs to doctors to increase sales. Such an activity is a violation of the federal pharmaceutical marketing anti-kickback statute, 42 U.S.C. § 1320a-7b(b). Moore did as her supervisor told her to do. However, this unlawful kickback scheme came to the attention of Novo’s corporate counsel who conducted an investigated into the scheme and eventually questioned Moore about it. At first Moore lied to Novo’s corporate counsel denying her involvement, only to later admit she did gift autographed basketballs to doctors, but only at the direction of her supervisor. Moore was later fired by that same supervisor for admitting Moore’s role in the bribery scheme. Novo offered Moore a severance package in exchange for her waiving all legal claims she had against Novo. Moore rejected this, and instead filed a lawsuit against Novo in the United States District Court of South Carolina alleging, among others, that Novo wrongfully terminated her employment in violation of New Jersey’s CEPA law.