HENNESSEY v. COASTAL EAGLE POINT OIL CO.


129 N.J. 81 (1992)

609 A.2d 11

JAMES HENNESSEY, PLAINTIFF-APPELLANT, v. COASTAL EAGLE POINT OIL COMPANY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 20, 1992.


Attorney(s) appearing for the Case

James Katz argued the cause for appellant (Tomar, Simonoff, Adourian & O'Brien, attorneys).

Lawrence S. Coburn, a member of the Pennsylvania bar, argued the cause for respondent (Green, Lundgren & Ryan, attorneys; Peter P. Green, on the brief).

Eric Neisser argued the cause for amicus curiae American Civil Liberties Union.

Susan Remis Silver, Assistant Deputy Public Advocate, argued the cause for amicus curiae Department of the Public Advocate (Wilfredo Caraballo, Public Advocate, attorney).

Paul I. Weiner argued the cause for amicus curiae Employment Law Council (Timins & Weiner, attorneys).

Peter T. Manzo submitted a letter in lieu of brief on behalf of amici curiae Washington Legal Foundation and Parents' Association to Neutralize Drug and Alcohol Abuse.

Christopher H. Mills and Douglas S. McDowell, a member of the District of Columbia bar, submitted a brief on behalf of amicus curiae Equal Employment Advisory Council.


The opinion of the Court was delivered by CLIFFORD, J.

This appeal questions whether a private employer's discharge of an employee who had failed a mandatory random drug test violated a clear mandate of public policy, and thus was compensable as a wrongful discharge. See Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58, 417 A.2d 505 (1980). The trial...

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