A New Jersey highway technician who defied orders to report for duty during the early days of the COVID-19 pandemic has won a major legal victory against the state.

The Appellate Division ruling, issued Thursday, said that the state Department of Transportation wrongly forced James Bartos to resign and ordered the agency to reinstate him with back pay and benefits.

The decision reversed a Civil Service Commission decision that had upheld Bartos’ termination for “resignation not in good standing.”

The court found the agency deliberately set an early resignation date for Bartos, a move designed to circumvent his medical leave protections.

The case stems from April 2020, when Bartos, classified as an essential employee, told supervisors he would not return to work due to concerns ab

See Full Page