Appellate Court Overturns Award of Lost Wages for DuPont Retiree

TRENTON, N.J. - A New Jersey appellate panel has vacated a $1.2 million award for a former DuPont chemical worker who claimed retaliation for reporting alleged safety violations, ruling that the trial court erred in allowing the jury to award lost wages and punitive damages in the absence of a constructive or retaliatory discharge finding. Donelson, et al. v. DuPont Chambers Works, et al., No. A-2028-08T1 (N.J. Super. Ct., App. Div.).

The Superior Court, Appellate Division, explained in its Feb. 24 published opinion that such a finding is mandatory under New Jersey's Conscientious Employee Protection Act (N.J.S.A. 34:19-1 to -8).