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CEPA Violation

A local nurse employed by a popular health care system was supposedly terminated for being absent due to illness. Our investigation revealed that this nurse was responsible for monitoring screens which showed the vital signs of various patients

The Hospital had recently changed its policy forcing certain nurses to monitor a greater and greater number of monitors. Our client felt that the number of monitors for which she was responsible was so great that there was a risk to patient are that vital information could be missed. Our client had complained to her supervisors who ignored her warnings

Finally, our client was terminated for being absent. The Law Office of Ben Friedman argued that the termination was actually in retaliation for the complaints voiced by our client. We filed suit under the NJ Consciences Employee Protection Act commonly known as the whistleblower act.

The matter proceeded to court ordered arbitration where our client was awarded $60,000.00.

The hospital was found to have violated CEPA which protects employees who voice complaints of illegal or improper behavior. The Law Office of Ben Friedman represents many clients alleging CEPA violations and welcome the opportunity to discuss your potential case. Please call us for a free consultation.

Case Results

The Case of the Pregnant Scuba Salesperson

The Law Office of Ben Friedman was retained by a young woman employed as an industrial salesperson of scuba gear. By all accounts she had an excellent work record.

Unfortunately, when our client reported that she was pregnant and had certain limited restrictions, she was quickly terminated. As her attorney, we quickly filed suit alleging violations of the NJ Law Against Discrimination as well as the American with Disability Act. The defendant argued that there was no light duty available for this employee and doubted her doctor’s note detailing her restrictions. The defendant went as far as to personally visit the employee’s physician to question him on the restrictions. On the eve of court, the defendant decided to settle the matter for a confidential.

Unfortunately, pregnant women still face discrimination in the workplace and The Law Office of Ben Friedman have handled many of these cases, always with success. We invite you to come in for a free consultation to discuss your situation.

Pregnant Scuba Salesperson

The Case of the Yacht Craftsperson

In this case, The Law Office of Ben Friedman was retained by a very talented woman employed by a custom yacht builder. Her position involved the crafting of fine woodwork found, often found in very expensive boats. In addition to actually working with wood, she also supervised a staff of workers. Like many talented and demanding people, our client had a habit of being very demanding on her staff to ensure top results for very demanding potential yacht owners.

Our client was terminated from her high-salary position, supposedly for being difficult to work with and too vocal with criticism of her staff. We felt that her termination was largely based on the manager’s belief that a woman should not act in such a tough and demanding manner, but should rather approach her position in a more demure, feminine approach. We filed suit alleging sexual discrimination and argued that had our client been a man, she would be rewarded for her tough uncompromising approach. During the course of the litigation, the defendant unexpectedly invited our client to take her position back and be paid all lost wages and attorney fees.

Our client, who missed her job terribly took, that offer and happily returned to work where she remains today.

Yacht Craftsperson

The Case of the Absent Teacher

Last year, The Law Offices of Ben Friedman was contacted by a second grade teacher who had been employed by a local school district. Unfortunately, she had just been terminated and denied tenure. The reason given was excessive absenteeism, in fact she had missed 57 days in a row.

The reason, however, for missing that time was that she had been on approved federal medical leave in order to care for a sick child. Our firm’s investigation showed a blatant violation of FMLA. That federal statute permits employees to take leave if seriously injured or to take time to care for a sick family member.

It is certainly illegal to fire an employee for the sole reason that they missed work due to FMLA leave. The firm filed a suit immediately and vigorously litigated the case. The school district took the tactic that the termination had no relation to the leave but instead, was based on performance. The Law Office of Ben Friedman subpoenaed the client’s unemployment hearing and obtained a recording of the proceedings. At that hearing, the representative of the district told the hearing officer that the client was fired for missing work. That admission sealed the deal and the case settled for a confidential but a substantial amount of money.

Family leave provides valuable rights to employees. However, employers often abuse or violate the rules and procedures. We welcome the opportunity to discuss your situation during a free consultation.

Absent Teacher