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NICOSIA v. WAKEFERN FOOD CORP.

136 N.J. 401 (1994)

643 A.2d 554

ANTHONY NICOSIA, PLAINTIFF-RESPONDENT, v. WAKEFERN FOOD CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Patrick M. Stanton argued the cause for appellant (Shanley & Fisher, attorneys; Mr. Stanton and Mark Diana, on the briefs).

Dennis S. Deutsch argued the cause for respondent (Gallo Geffner Fenster, attorneys; Mr. Deutsch and Valerie A. Vladyka, on the briefs).

Neil Mullin and Walter Lucas submitted a brief on behalf of amicus curiae, National Employment Lawyers Association (Smith Mullin, attorneys; Mr. Mullin, Mr. Lucas, and Nancy Erika Smith, of counsel; Mr. Mullin, Mr. Lucas, Ms. Smith, Peter Van Schaick, Richard Schall, and Richard Yaskin, on the brief).

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

In this case, a low-level supervisor was fired for the mishandling of merchandise. He filed a wrongful-discharge action against his employer. As in the companion case, Witkowski v. Thomas J. Lipton, Inc., 136 N.J. 385, 643 A.2d 546 (1994), also decided today, the employee denies that his employer...

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