NJ Court Mulls Employee Doc Taking In Misconduct Case
By Martin Bricketto
Law360, New York (September 11, 2013, 9:16 PM ET) -- Theft and official misconduct charges against a New Jersey school clerk accused of taking 367 photocopied and original documents should be tossed based on case law protecting an employee's use of confidential employer documents under certain circumstances, her attorney told the state Appellate Division on Wednesday.
In the civil case of Quinlan v. Curtiss-Wright Corp., the New Jersey Supreme Court in 2010 spelled out seven factors for weighing whether an employee was privileged to take or use employer documents. During oral arguments before a three-judge panel...