Swan v. Boardwalk Regency Corporation, d/b/a Caesars Atlantic City, A-6229-07T1; Appellate Division; opinion by Axelrad, P.J.A.D.; decided and approved for publication May 7, 2009. Before Judges Axelrad, Parrillo and Messano. On appeal from the Law Division, Atlantic County, L-16799-06. [Sat below: Judge Perskie.] DDS No. 25-2-3745 [23 pp.]

Plaintiff was an at-will employee of defendant, Boardwalk Regency Corporation, d/b/a Caesars Atlantic City (Caesars), from 1989 until his employment was terminated on June 16, 2005. Plaintiff worked in the surveillance department of the casino, operating numerous closed-circuit TV cameras. Plaintiff was named as a defendant in a complaint brought by the Division of Gaming Enforcement (DGE) on April 26, 2005, which alleged that plaintiff and other surveillance officers at Caesars had improperly used surveillance cameras in October 2004 to observe and zoom in on “selected parts of the anatomy of several females, both patrons and employees, on Caesars’ premises, which observations and recordings are not permitted or authorized by the Casino Control Act or its regulations.” Plaintiff’s employment was terminated in a letter dated June 16, 2005. The charges made by the DGE became public and were widely disseminated through the media.