Battaglia v. United Parcel Service, Inc.

Plaintiff Michael Battaglia worked for defendant United Parcel Service, Inc. (UPS) since 1985. He alleged he received a demotion in retaliation for making certain workplace complaints and comments. In suing UPS, he alleged that his demotion violated the Conscientious Employee Protection Act (CEPA) and the Law Against Discrimination (LAD). Plaintiff also alleged breach of contract, relying on employee manuals stating that employees would not be disciplined for complaints. The trial court dismissed the contract claim for lack of evidence. Following numerous arguments over jury instructions, the court directed the jury that it could consider evidence involving credit cards, meal practices “and other things” on the CEPA claim. The jury found UPS liable on the CEPA and LAD claims, and awarded plaintiff $500,000 in economic damages and $500,000 in emotional distress damages. UPS made numerous post-trial motions, and the court granted its request for remittitur of the emotional distress award, reducing it to $205,000. The parties cross-appealed. The appellate panel affirmed the CEPA claim and dismissal of plaintiff's contract claim, but reversed the LAD verdict for lack of evidence. Upon review, the Supreme Court reversed the appellate court's decision to the extent that it dismissed the LAD claim and affirmed the CEPA verdict. Under the LAD, an employee who voices complaints and allegedly suffers a retaliatory employment action need only demonstrate a good-faith belief that the complained-of conduct violates the LAD. An identifiable victim of actual discrimination is not required. An LAD plaintiff may only recover an award for future emotional distress if evidence of permanency is offered in the form of an expert opinion. In order to succeed on a fraud-based CEPA claim, a plaintiff must reasonably believe that the complained-of activity was occurring and was fraudulent. View "Battaglia v. United Parcel Service, Inc." on Justia Law