Know when to fold 'em: Court upholds firing despite whistleblowing activity

On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee. It affirmed the trial court's decision dismissing the employee's claims under the Conscientious Employee Protection Act (CEPA), finding he was properly terminated for mistreating his coworkers. Thus, he couldn't establish a retaliation claim because there was no link between his termination and his reporting of an alleged casino scam.

Facts

Timothy G. Cook began working for Bally's Atlantic City Hotel & Casino in March 1985. He was hired in the surveillance department as a surveillance officer. In 1996, he was promoted to "dual rate shift supervisor." On multiple occasions before his termination, he had been formally reprimanded for loud, abusive, and argumentative behavior and warned that "any further behavior of this kind would lead to termination."

A year before his termination, Cook reported an alleged cheating scam involving mini-baccarat to the Division of Gaming Enforcement (DGE) and assisted it and the state police in their investigation. He also reported suspected collusion with Bally's employees by the alleged perpetrators. In June 2011, he received a positive performance review, recognizing his reporting of the alleged scam. His suspicion was subsequently deemed to be unsubstantiated.