Question
In Fleming, the New Jersey Supreme Court held that the employee had sufficiently shown that her termination was retaliatory, rather than related to her poor
In Fleming, the New Jersey Supreme Court held that the employee had sufficiently shown that her termination was retaliatory, rather than related to her poor performance and insubordination. In so holding,the court reversed the appellate division's opinion. What was the basis for the supreme court's holding? Do you agree with the supreme court's holding or that of the appellate division? Please set forth your reasoning. What facts, if different, might have caused the supreme court to hold differently? How important do you think the timing of termination is to a finding of retaliation?
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