City of Monmouth v. Thomas

Plaintiff appealed from a trial court order granting the defendant’s motion to dismiss Count I of plaintiff’s complaint, which alleged a private right of action under the Public Employee Disability Act to recover benefits paid to the defendant while he was allegedly engaged in secondary employment. The appellate court reversed and remanded, finding that after considering the relevant factors, it was reasonable to conclude that the Act implied a private right of action for public employers who suffer monetary injury resulting from disability payments made to public employees who are secondarily employed while receiving benefits under the Act. (CAVANAGH and HARRIS, concurring)