Pierce claims are also known as common law retaliation claims. The name comes from the seminal case of N.J. Supreme Court case Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58, 72 (1980), which held that an employee has a cause of action for termination in violation of clear mandate of public policy. The sources of public policy include legislation; administrative rules, regulations or decisions; and judicial decisions. In certain instances, a professional code of ethics may contain an expression of public policy. However, violations are decided on a case by case basis and not all such sources express a clear mandate of public policy. The employee must identify specific expression of public policy; he may be discharged with or without cause. If your employer is retaliating against you for your protected whistleblowing activity, contact an experienced employment lawyer at Kurkowski Law today.