Thomas Best v. C&M Door Controls, Inc.
State: New Jersey
Docket No: none
Case Date: 10/14/2009
SYLLABUS
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the
convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the
interests of brevity, portions of any opinion may not have been summarized).
Thomas Best v. C&M Door Controls, Inc. (A-57-08)
Argued March 10, 2009 -- Decided October 14, 2009
PER CURIAM
Before the Court is the interplay between fee-shifting statutes, in particular the Conscientious Employee
Protection Act (CEPA) and the Prevailing Wage Act (PWA), and the offer-of-judgment rule.
In 2004, Thomas Best sued his former employer, C&M Door Controls, for violations of the PWA and the
CEPA, claiming that he had been underpaid on PWA work and that, when he complained, his employer retaliated
against him. Invoking Rule 4:58, the offer-of-judgment rule, Best offered to take judgment in the amount of
$100,000, inclusive of counsel fees against C&M. C&M countered with two offers
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