A plaintiff in a sex discrimination and retaliation lawsuit who copied confidential information and gave it to her attorney to support her case engaged in protected activity, the New Jersey Supreme Court ruled 5-2 in an opinion that could be influential.
Plaintiff;s attorney said the decision is “extremely crucial because it determines how employees can talk to their lawyers.” Even top executives when they “come to us for representation often have to relate to us confidential company information in order to explain what their problem is.”
He also said under the New Jersey Supreme Court’s decision, which is likely to be influential, companies “cannot fire employees, including executives, simply because they can convey confidential information to their attorney.”
He said under the decision, employees “can’t go rummaging through files or other people’s offices. They have to acquire (the documents) in the normal course” of business.