Labor & Employment Law

270 North Ave, Suite 410
New Rochelle, NY 10801

914-632-8382

Prominent Litigation

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Past Results Do Not Guarantee Future Success!

Following are some of this firm’s prominent cases. Identifying information has been withheld in situations where matters were resolved pursuant to confidentiality agreements, or where litigation is still pending. Please bear in mind that prior results do not guarantee a similar outcome.


RACE / ETHNICITY DISCRIMINATION

Absolu v. County of Westchester: Adverse impact and disparate treatment class action brought against Westchester County for outsourcing the job functions of departments staffed by minority employees.  The case was settled for $1.3 million.

Alston v. City of New York: This firm represented three New York City firefighter lieutenants of African descent who were denied transfers because of their race.  Although the officers did not lose back pay or tangible economic benefits, the group received $100,000 plus the payment of $20,000 towards their attorneys’ fees.

Harris v. NYC Fire Department: Lawsuit for race discrimination by a client who was recommended for managerial positions by his supervisor but was passed over twice for promotion in favor of a caucasian worker. We negotiated a settlement that included a promotion to the same management level the client would have attained had he been awarded both promotions, plus reimbursement of all back pay lost as a result of the failure to promote, and $25,000 in compensatory damages.

Hispanic Society v. City of New York: This firm represented the Guardians Association of the Police Department of the City of New York in litigation which was settled for a quota of African Americans to be promoted to the position of Sergeant in the New York City Police Department.  We also litigated a later attack on the settlement in the United States Supreme Court.

Matter of A.E., et al.: This firm represented four African American women who were either terminated, denied promotions or had their hours reduced because of their race. The case settled for $400,000.

Matter of J.E. and J.M.: Racial discrimination (failure to promote) claimed by two African American women. The case was settled when the employer agreed to institute new promotion procedures, promote our clients, and pay a total of $250,000.

Matter of J.K.: Discrimination case based on Asian ethnicity where a supervisor allowed co-workers to engage in anti-Asian “jokes” and conduct. Matter settled for $80,000.   

Matter of M.Y.: National origin discrimination case filed in United States District Court, Southern District of New York.  Matter settled for one year’s back salary.

Matter of R.W.: Race discrimination litigation against a brokerage house in United States District Court, Southern District of New York.   Matter settled for one year’s back salary.


SEX DISCRIMINATION / SEXUAL HARASSMENT

Burke, et al. v. County of Westchester: This firm negotiated a $2.355 million settlement on behalf of a group of correction officers who were affected by Westchester County’s ban of male officers from posts in the female inmates’ housing unit. The settlement was agreed to after lengthy discovery and a motion for summary judgment in federal court, in which Judge Stephen Robinson upheld almost all of our clients’ claims of gender discrimination.

Berl v. County of Westchester: We were on the winning side of a decision by the United States Court of Appeals for the Second Circuit confirming the burden to be met by an employer, where a male correction officer was not promoted to Sergeant in the Women’s Division of the County Jail.

Reynolds v. State of New York: Similarly, this case established the right of a female correction officer to supervise inmates in the male housing area of a state prison.

Barbano v. Madison County: We obtained a decision from the United States Court of Appeals for the Second Circuit which established that discriminatory comments such as “Oh not another woman” made to an applicant for the position of Director of Veteran Affairs during an employment interview qualified as direct proof of discrimination.  The plaintiff was awarded over $100,000 in damages and attorneys’ fees.

People of the State of New York et. al. v. Merlino: A real estate agent who was sued by three women for sexual harassment settled this case for $105,000.  It was the first time a real estate agent was held liable pursuant to Title VIII for sexual harassment.

Grochowski v. Somers Central School District: This case claiming a violation of state and federal laws involved the pay disparity between male and female school psychologists. Our client received 6 years’ back pay at the higher rate, plus attorneys’ fees.

Stewart v. City of New York: Our client was a New York City correction officer who was charged with insubordination for “talking back” to her supervisor.  We successfully defended her on those charges, since her comments were made because the supervisor had engaged in acts of sexual harassment.  We then brought an action in Federal Court which was settled for $50,000 as compensatory damages for mental anguish and humiliation.  The case was the subject of an article by Juan Gonzalez in the New York Daily News.

Vasquez v. RZ Construction Corp.: Our client, the only female construction worker in the employer’s company, resigned because she was not given safety equipment, forced to work when men did not, and made to sign for checks not received. She received an award in federal court of $531,000.

Matter of A.L.: A teacher’s aide who was sexually harassed by the assistant principal of her school, and who was told that she would be terminated if she did not comply with his demands, received a $200,000 settlement in this case.

Matter of A.V.: A secretary working for a Manhattan company, who was sexually harassed by her supervisor, sued her employer and received a payment of $125,000, representing two and-half years’ salary.

Matter of B.T.: Female employee with 3 weeks on the job who resigned because of sexual harassment received 5 months’ salary as part of a severance package.

Matter of C.R.: We represented a woman who had obtained an order of protection against a male co-worker who was sexually harassing her.  Although the employer was aware of both the order of protection and the sexual harassment, she was directed to work in close proximity with the male employee.  When she refused, she was terminated.  Our client received two years’ back pay.

Matter of D.M.: Litigation in United States District Court, Southern District of New York alleging pregnancy discrimination.  The matter was settled during depositions for a payment of eighteen months’ back salary.

Matter of E.V.: A legal secretary to a large firm alleged that she was sexually harassed by the managing partner and terminated.  The matter was settled during depositions for a payment of eighteen months’ back salary.

Matter of I.A.: Gender discrimination case filed with the EEOC, where the supervisor refused to speak with a female worker or give her training. Although our client did not lose any pay or other tangible economic benefits, she received $20,000 in settlement. 

Matter of J.C.: A security dispatcher who was sexually harassed by her supervisor and physically touched obtained a settlement of $65,000.

Matter of J.R., et. al.: Litigation alleging that an employer sexually harassed three female employees.  The matter was settled for a total payment to the employees of $154,000 plus all of our clients’ attorneys’ fees.

Matter of L.H.: This firm represented a female employee who was subjected to sexual harassment on the job by a supervisor who sent personal cards to our client and directed improper comments and suggestions to her.  The matter was settled for $150,000.

Matter of S.O. and R.R.: Two women alleged sexual discrimination resulting in either termination or constructive discharge. The case was settled for $87,000.

Matter of T.B.: This firm was co-counsel with the United States Department of Justice in a matter filed by the government against a suburban school district where there were allegations of sexual discrimination and retaliation for filing the complaint.  The matter was settled for six years’ back salary, plus attorneys' fees.


DISABILITY DISCRIMINATION

State Division of Human Rights v. New York Roadrunner’s Club: This case established that the New York City Marathon could not bar individuals in wheelchairs from competing in the marathon.

Williams v. NYC Transit Authority: Our client, who was suffering from a severe vison impairment, sought employment with the Transit Authority as a subway car cleaner.  The matter was settled, he was hired for the position, and he also received over two years’ back salary plus attorneys’ fees.
 
Flood v. Brewster School District: Disability discrimination litigation filed in the United States District Court, Southern District of New York alleging that the failure to accommodate a school bus driver’s rotator cuff injury resulted in increased injuries, pain and suffering.  Settled for one and one half years’ back salary.

Occhiogrosso v. Bratton: Article 78 proceeding on behalf of police recruits dismissed from the Academy for being “overweight.”  The clients were reinstated to the police force and permitted additional chances to take physical tests.

Matter of C.P.: This case, involving discrimination based upon a perceived disability, was settled for $53,000.

Matter of M.M.: Our client alleged that she was terminated because of breast cancer.  The matter was settled for eighteen month’s back pay.


AGE DISCRIMINATION

Matter of T.S.: This age discrimination lawsuit filed in United States District Court, Southern District of New York, was settled for $400,000 after extensive discovery and depositions.

Matter of I.F.: In this age discrimination case, filed in United States District Court, Southern District of New York, the client received a settlement of two and one-half years’ back salary.


RETALIATION

Mitchell v. AOL: After our client complained of race discrimination based on his failure to receive a promotion, he was included in a “reduction-in-force” layoff initiated by his employer. A jury awarded him $29,000 in compensatory damages and $100,000 in punitive damages on his retaliation claim against the employer; and the employer was also required to pay our client’s legal fees.

Jones v. City of Yonkers Board of Education: We represented a probationary custodial worker who was terminated after he threatened to sue if his “bigot” supervisor ever disrespected him again. A jury awarded him a year’s back salary on his retaliation claim, and his attorney’s fees were required to be paid by the employer.

Matter of D.T.: Our client was a female executive who was terminated after she participated in a sexual harassment investigation of a company officer and reported inappropriate acts by other employees. The case was settled for $141,666 including attorneys’ fees.

Matter of G.A.: A police officer received $400,000 tax free in a case charging retaliation for filing a discrimination complaint.

Matter of J.C.: A school bus driver who complained of sexual harassment and was terminated received a $40,000 settlement.

Matter of J.C.T.: Retaliation against a female supervisor who opposed acts of sex discrimination. Settled for $60,000.

Matter of N.E.: A female correction officer claimed she was sexually harassed and subjected to acts of reprisal after opposing unlawful practices. Settled for $50,000.

Matter of T.C.: Our client opposed sexual harassment and was terminated. The case was settled for 16 months’ salary.

Matter of T.H.: This case involved a failure to promote a police captain, who was transferred in retaliation for opposing racist policies. Settled for $292,000 including attorneys’ fees.


FAMILY MEDICAL LEAVE ACT CASES

Matter of R.M.: Our client, who was terminated because of a non-job related mental illness that required a three-week leave of absence, received a payment of fourteen months’ back salary.

Matter of S.G.: Complaint brought pursuant to the Family and Medical Leave Act (FMLA) challenging the termination of an employee who was absent due to a serious automobile accident.  The employee was given full back pay until the date the job would have ended.

Matter of W.A.: An employee who was terminated while out on disability in violation of the FMLA received a payment of one year’s salary.


CIVIL SERVICE / PUBLIC EMPLOYEE LITIGATION

Alvarez v. City of New York: This firm represented a New York City Police Officer who was charged with making false statements in a Federal Court complaint.  After a full evidentiary hearing, the United States District Court entered a preliminary injunction which prohibited the Police Department from going forward on the disciplinary charges.  This is the only case in which the New York City Police Department was forbidden to prosecute disciplinary charges against a police officer.

Velez v. White: First successful challenge to a New York City Police promotional examination on civil service grounds since 1970.  The 1986 Lieutenant’s promotional examination was declared null and void as a result of this litigation.

Prosetti v. County of Westchester: A county correction officer alleged that his resignation was coerced.  The client was reinstated and also received $150,000 in back pay after a jury trial.

Matter of F.M.: A former emergency medical services employee was terminated pursuant to New York State Civil Service Law §73 for being out of work for over one year because of a medical condition.  This firm contended that the employee was capable of working within the one year period and had not been given a hearing to challenge the termination.  The employee received $30,000 plus reinstatement to her position.

Matter of S.P.: This was a Federal Court challenge to the termination of a civil service employee under §71 of the New York State Civil Service Law.  We argued that the failure to hold a hearing before termination violated the client’s due process rights.  The matter settled after depositions for three years’ back salary and reinstatement of the client.

Matter of W.B.: This firm represented a nurse’s aide assigned to an elementary school.  Although the aide was not medically licensed, the school district tried to force her to issue medication to the students.  When she refused and complained to the administration, she was fired.  The employee received four years’ pay in lieu of reinstatement.


EMPLOYEES AND THE CENTRAL REGISTER

Matter of S.H.: Employee accused of child abuse and assault. At hearing established employee was only defending himself and a pregnant co-worker. Report "unfounded" and record sealed.

Matter of D.C.: Employee accused of inappropriate custodial conduct. Matter was concluded before hearing as "unfounded" and the record sealed.


OVERTIME

Bruso v. County of Rockland: We represented thirty County correction officers in a suit under the Fair Labor Standards Act, claiming that the employer incorrectly computed the clients’ rate of pay for overtime purposes by not including a contractually mandated night differential in the regular rate of pay.  The matter was settled for the payment of almost $50,000 in back wages plus attorneys’ fees.
 
Matter of F.: Three house painters were denied overtime after being forced to report to work for one extra hour each day. This case settled for $52,000.00.

Matter of J.M.: A non-union information technologist who was paid a stipend rather than time and a half received a settlement of $65,000.

Matter of J.T.: Our client was denied the prevailing wage on public works jobs when the employer failed to properly compute and pay overtime. The case was settled for $125,000.00.

Matter of M.C.: Our client worked two jobs for the same employer, but was not paid time and a half for the total hours worked above 40 per week. The matter was settled for $20,000. 

Matter of N.C.: A mechanic whose overtime was improperly computed when the employer failed to utilize his regular rate of pay received a settlement of $52,000.00.


EMPLOYMENT CONTRACT / COVENANT NOT TO COMPETE

Matter of E.F. et al.: Three employees agreed to defer their salary until the employer secured $2 million in financing.  After financing was secured, the employer failed to pay. The cases were settled for a total of over $94,000.00.

Matter of N.D.: An employee with an employment contract was terminated because her husband accepted a job with the employer’s competitor.  Settled for over $65,000.00.

Chrislex Staffing v. Medical Staffing Network: Our clients (a former employee and her new employer) asked the court to rule that a non-compete clause in the former employee’s contract was unenforceable. The former employer asked for an injunction barring the employee from working for the new employer. Both the New York State Supreme Court and the Appellate Division denied the former employer’s request. The former employee continued to work for the new employer, and the case was discontinued after the non-compete clause expired due to lapse of time.

 
OTHER CASES

Baccus v. Karger: This lawsuit challenged the constitutionality of a New York State Court of Appeals rule requiring law students to begin the study of law after their 18th birthday.  Because our client graduated law school when he was less that 17 years old it was impossible for him to commence the study of law after his 18th birthday.

Matter of F.B.: Our client was a Protestant Minister who accepted employment on the condition that he be given time to travel to another area and work to build a church.  When he attempted to use his time to build the church, he was terminated.  He received a payment of $27,000, representing a year’s base salary.

Matter of P.C.: Litigation before the New York Stock Exchange arbitration panel. The matter was settled prior to a hearing for one year’s salary.

Matter of W.H.: This firm represented an individual who was terminated for refusing to take a lie-detector test.  The matter was settled for six month’s salary, even though the client found another job paying more within two weeks of his termination.

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