Whistleblower Takes Files, Charged With Theft

The Supreme Court of New Jersey affirmed the grand jury indictment of a school board employee for official misconduct and “unlawful taking” of documents. The woman had filed discrimination and retaliation claims against her employer and maintained she took the files, which included confidential student records, to support her claims. She had previously complained about numerous alleged violations of law and policy by the board, including pay irregularities, unsafe working conditions and violations of unspecified child study regulations. In this case, the New Jersey Supreme Court clarified the limits of an earlier decision, which did rule in favor of an employee who had taken documents, saying the precedent was not a “get out of jail free card” and the complainant in this case could have used the conventional discovery process to obtain evidence to make her case.