NJ Cops Aug2017 | Page 24

Officers’ Rights Do you need to file tort claim notice? One of the occupational hazards of being a law enforcement officer is that you will likely eventu- ally be sued at one time or another in your career. Most times, prior to being sued, a law enforce- ment officer will be notified of a potential lawsuit by receipt of a tort claim notice from the claimant. The familiarity of law enforcement officers with tort claim notice inevitably leads to the question STUART of whether or not a law enforcement officer needs ALTERMAN to file tort claim notice if he or she wants to sue his or her employer. The short answer is: sometimes. Tort claim notice is a procedural hurdle that the New Jersey legislature has included in the Tort Claims Act. The requirement of tort claim notice has been in place since 1972. In a nutshell, it requires a claimant to put a public entity and/or a public em- ployee on notice of a potential claim within 90 days of the ac- crual of that claim. The claimant must provide: a. the name and post office address of the claimant; b. the post office address to which the person presenting the claim desires notices to be sent; c. the date, place and other circumstances of the oc- currence or transaction which gave rise to the claim asserted; d. a general description of the injury, damage or loss in- curred so far as it may be known at the time of presenta- tion of the claim; e. the name or names of the public entity, employee or em- ployees causing the injury, damage or loss, if known; and f. the amount claimed as of the date of presentation of the claim, including the estimated amount of any prospec- tive injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Failure to provide the required information within the re- quired timeframe could jeopardize the claim of the individual. However, the Tort Claim Act only applies to torts. A tort is a civil wrong committed against someone, in which the injured party can sue for damages. The New Jersey courts have already ruled that certain causes of action are not torts. Those include: a. discrimination claims brought under New Jersey’s Law Against Discrimination (LAD); b. harassment claims brought under New Jersey’s LAD; c. hostile work environment claims brought under New Jersey’s LAD; d. retaliation claims brought under New Jersey’s LAD; The Law Firm of Alterman & Associates, LLC Stuart J. Alterman, Esquire Jeffrey S. Ziegelheim, Esquire Arthur J. Murray, Esquire Proudly representing Law Enforcement and Public Safety for a combined 80 years Contract Negotiation Contract Arbitration Grievances/ Arbitration Discipline Defense Whistleblower /CEPA Hostile Work Environment Pension/Disability Appeals Criminal Defense Workers Compensation Personal Injury Human Resource Issues Civil Rights Litigation Administrative One Stop Shop for Public Safety Alterman & Associates, LLC have been an approved law firm with the PBA Legal Protection Plan since its inception. South Jersey Location 8 South Maple Avenue, Marlton, NJ 08053 (856) 334-5737 North Jersey Location 22 Church Street, Haledon, NJ 07508 (973) 956-1621 salterman@alterman-law.com www.altermanandassociates.com www.NJPoliceAttorney.com www.NJCorrectionsAttorney.com 24 NEW JERSEY COPS ■ AUGUST 2017