Employees have privacy rights when it comes to their employment, although the extent of those rights depends, in part, on whether they work for the government or a private business or organization. Public employers have obligations under various statutes and, ultimately, the U.S. and state constitutions. Violation of privacy and other civil rights may expose public employers to liability for damages. New Jersey employment laws protect employees from a wide variety of employer misconduct. Public employees may also enjoy protection under federal and state civil rights laws. A 2024 ruling by the Third Circuit Court of Appeals reversed the dismissal of a corrections officer’s civil rights lawsuit against the county that employed him. The plaintiff obtained a jury verdict against a former corrections administrator for $662,000 in 2023. The Third Circuit’s ruling opens the possibility of making other defendants liable for the judgment.
Both state and federal law protect individuals from civil rights violations by government officials and agents. The New Jersey Civil Rights Act (NJCRA) allows people to file civil lawsuits against people who deprive them of constitutional rights while “acting under color of law.” At the federal level, 42 U.S.C. § 1983 provides a similar cause of action. Public employees may be able to file claims against their employers for actions that deprive them of their civil rights.
The plaintiff in the Third Circuit case worked for a county jail as a corrections officer. He was also president of the local union. According to his lawsuit, the union learned that several jail administrators were enrolled in the state pension system for law enforcement and firefighters, even though their positions as administrators made them ineligible. They also learned that one administrator had allegedly attained his position despite not fulfilling all of the requirements established by regulations and the jail’s collection bargaining agreement.
The union’s allegations became public in February 2012. Soon after this, the plaintiff stated that he began receiving harassing phone calls. Those calls were traced to the deputy director of the county Department of Corrections (DOC). This led to an FBI raid against the deputy director and federal criminal charges of illegal wiretapping. The plaintiff filed suit against the county, the DOC, the DOC’s director, and the deputy director alleging invasion of privacy and other claims under the NJCRA and § 1983.
The civil case remained on hold while the criminal wiretapping case was pending. The deputy director was found guilty and sentenced to twenty-one months in prison. The plaintiff’s case finally went to trial in January 2023. The judge granted judgment as a matter of law (JMOL) for every defendant except the deputy director. JMOL is a finding by a judge, based on one party’s motion, that no reasonable jury could find for the other party.
The jury found for the plaintiff and awarded him back pay of $417,000, future pay of $95,000, and non-economic damages of $150,000. The only remaining defendant, however, was judgment-proof after serving time in federal prison. The plaintiff appealed the directed verdict to the Third Circuit. In the summer of 2024, the Third Circuit reversed the JMOL order and remanded the case for trial.
The knowledgeable and experienced employment attorneys at the Resnick Law Group represent employees in New Jersey and New York who have endured unlawful workplace practices, helping them recover damages in claims under state and federal law. Please contact us today online, at 973-781-1204, or at 646-867-7997 to schedule a confidential consultation to see how we can assist you.