In New Jersey, the Supreme Court allows for common law retaliation for a termination that occurs because the employee complained of a violation of public policy that differs from CEPA in certain respects. Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58, 72 (1980). Some of the critical differences is that CEPA has a one year statute of limitations compared to the two year statute for Pierce claims. CEPA does not require a written complaint whereas Pierce claims seem to so require. The public policy requirements under Pierce claims are more strictly construed than under CEPA. Some courts have construed Pierce to require an actual complaint to an outside agency whereas CEPA protects employees who threaten to make a complaint but do not actually make the complaint.
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