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Representative Matters

  • Counseling and Training to Prevent and Manage Discrimination Claims
  • Representation of several New Jersey, New York and other out of state hospitals in maintaining union-free status, and representation of other hospitals and other health care entities in union negotiations, labor arbitrations, unfair labor practice charges and other NLRB representation proceeding matters.
  • Representation of hospitals in connection with major reductions-in-force, so as to reduce potential employment and labor exposure.
  • Representation of hospitals in discrimination and whistleblower lawsuits, some of which were dismissed on summary judgment, and, others which were favorably settled.
  • Providing sexual harassment training to a hospital’s emergency medical department (approximately 500 employees), inclusive of handout materials, questionnaires and a two-hour training session.
  • Preparation of a 20-minute video to be used in training physicians about a hospital’s sexual harassment policy.
  • Preparing employment policies, including policies regarding anti-discrimination, tuition reimbursement, overtime, leave, on-call, confidentiality, anti-violence, reasonable accommodations and effective supervision.
  • Preparing guidelines for conducting investigations and appropriate record keeping for such investigations.
  • Responding to “lawyer letters” sent on behalf of discharged employees.
  • Preparing employment agreements (including restrictive covenant provisions), as well as severance/separation agreements for employees.
  • Providing ongoing advice regarding terminations, discipline, implementation of the federal Family and Medical Leave Act, various State Family Leave Acts and other leaves available under hospital policies; disability issues and reasonable accommodations, discrimination and harassment claims, substance abuse and diversion of medication, and other personnel issues.
  • Preparing tuition reimbursement agreements and confidentiality/non-disclosure agreements.
  • Advising hospitals with respect to hiring employees from competitors, and avoiding potential “raiding” liability.
  • Advising hospitals regarding the preparation of personnel documents, employee handbooks/manuals and social media policies.
  • Advising hospitals regarding wage and hour issues, and responding to Department of Labor audits and record review requests.
  • Employment Litigation
  • We have defended multiple discrimination claims before the New Jersey Division of Civil Rights and the Federal Equal Employment Opportunity Commission.  Our attorneys secured a no probable cause finding in most matters and negotiated nominal (less than $2,500) settlements in several other matters.
  • We have represented and continue to represent several hospitals and health systems in various wrongful discharge and discrimination lawsuits, including allegations of sexual harassment/hostile work environment, race discrimination, religious discrimination, age discrimination, whistleblower and reverse discrimination. Our Employment and Labor Practice Group Chair previously obtained a defense verdict following a Superior Court jury trial on behalf of a prominent Bergen County acute care hospital, and a defense judgment following a federal court bench trial on behalf of a prominent New York City-based hospital.
  • We advise hospitals in multiple sexual harassment, race and disability discrimination claims brought by employees pursuant to the hospitals’ anti-discrimination policies, including investigations, fact finding, preparation of documentation, imposition of corrective action, review of hospital bylaws and coordination with Medical Staff to impose corrective action.
  • We represented a hospital in connection with several multi-plaintiff discrimination lawsuits brought in response to a major reduction-in-force by the hospital.  The results were favorable – some cases were dismissed on a motion to dismiss, some cases were dismissed on summary judgment, and other cases were settled on terms that were favorable to our client.
  • We represented a prominent Bergen County acute care hospital in an action for “wrongful dismissal” commenced in the Superior Court of New Jersey, raising approximately 12 common law tort claims stemming from plaintiff’s termination of employment.  Summary judgment was granted to our client on 11 of those claims at the conclusion of discovery and a verdict for our client was granted following a one-week jury trial on the remaining “false imprisonment” cause of action.
  • We represented a major New York acute hospital in an action for race discrimination filed in the United States District Court for the Eastern District of New York by a terminated 25-year African American employee and obtained a favorable judgment for our client following a one-week bench trial.
  • We represented a prominent Orange County, New York acute care hospital in an action for race discrimination filed in the United States District Court for the Southern District of New York by a terminated employee.  The matter was settled favorably for our client in lieu of post-judgment motions and/or Circuit Court appeal.
  • We represented a nursing home facility in an action for gender discrimination filed in the United States District Court for the Eastern District of New York by a terminated employee and secured a judgment for our client following a three-day bench trial.