Court Upholds $230K Award To City Attorney Who Resisted Waiving Comp Lien

Tuesday, July 25, 2017 | 0

A New Jersey appeals court has upheld a roughly $230,000 award to a former city attorney who was fired after he resisted waiving a workers' compensation lien against a city employee, New Jersey Law Journal reports.

John McGovern, a former assistant attorney for the city of Orange, alleged he was fired after complaining about a manager's order to write a letter waiving $100,000 in workers' compensation liens against the city's former clerk. The clerk had been injured in a car accident and received a settlement in a lawsuit against the other driver.

McGovern initially refused to waive the lien, saying it violated the state's workers' compensation statutes. He then "nervously" wrote the waiver after his supervisor began treating him with hostility. He was later told that his position was being eliminated due to budget cuts. 

McGovern said his termination violated the Conscientious Employee Protection Act. Essex County Superior Court Judge Dennis Carey agreed, awarding him $229,914 in damages and counsel fees. Appellate Division Judges Joseph Yannotti and Michael Haas affirmed the award last week.

Read the full story here.