Twist and shout: Supervisor’s discharge for shouting match upheld

On February 16, 2024, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by a former supervisor. The court affirmed the trial court’s decision dismissing the employee’s claim under the Conscientious Employee Protection Act (CEPA), finding she was properly discharged for mistreating her subordinate. Ultimately, the supervisor couldn’t establish a retaliation claim because there was no causal link between her discharge and reporting Health Insurance Portability and Accountability Act (HIPAA) concerns. 

Facts

Tatiana Ugarte was employed by Barnabas Health Medical Group’s West Orange Medical Center as an office supervisor from 2015 to 2018. In 2014, Barnabas purchased the medical practice from Primary Medical Care, where Dr. Giuseppe Salese was the president and joint owner. However, after the acquisition, Salese no longer had the ability to fire employees without a regional manager’s approval.

As office supervisor, Ugarte oversaw the office's daily operations and supervised several other employees, including Delmis Macias. Additionally, she held monthly staff meetings, during which she discussed protocols, procedures, and HIPAA compliance.