Gottlieb and Goren, PC
Recent employment related cases we have successfully concluded:
DISABILITY BENEFITS: Obtained favorable federal court decisions for employees who claimed insurers' denials of claims were arbitrary and capricious.
EMPLOYMENT DISCRIMINATION: African-American employee discharged for inventory shortages when white employees were not disciplined and some even promoted. Won six figure settlement.
Six figure disability discrimination settlement for teacher needing wheelchair, but assigned duties requiring walking and stair climbing.
White employee denied promotion given to African-American employee with lesser qualifications. Favorably settled.
Female School Administrator passed over for a promotion because she had family responsibilities as a wife and promotion given to single male, less qualified and without her family responsibilities. Six figure settlement.
African-American driver of waste disposal vehicle fired for minor vehicle damage after complaining that white drivers assigned easier and higher paying routes. Six figure settlement.
Male supervisor fired female youth counselor for poor performance after she rejected his sexual advances. Supervisor subsequently fired for inappropriate advances toward other female subordinates. Six figure settlement.
ERISA: Multi-million dollar class settlement for wrongful denial of retiree medical benefits.
GM denied enhanced pensions to employees when division sold off. Although the employees did not qualify for the pension based on the plan terms, obtained favorable Federal court ruling because a corporate officer represented that the enhancement would be made available to employees who were "stabilized" during the sale negotiations.
Group life insurer denied benefits because client's employer/plan administrator failed to request and submit client's good health medical questionnaire. Won claim because that was a breach of fiduciary duty by the plan administrator.
Won favorable decision establishing that denial of disability benefits for an employee with lupus was arbitrary and capricious. Court rejected opinion by insurer's out-of-state IME physician who never examined the client and cherry-picked the evidence.
Won favorable decision, including attorney fees, that insurer's denial of short-term disability benefits for an employee with severe migraine headaches and medication-induced ulcer was arbitrary and capricious.
FAMILY MEDICAL LEAVE ACT:
Won or settled cases involving:
Employee fired for excessive absences although some of the absences qualified for FMLA leave.
Employee fired for violating no call/no show rule when absent for medical reasons. Obtained all lost wages.
Six figure settlement for police officer fired after unable to pass fitness for work exam because contrary to FMLA regulations.
Obtained federal court ruling that employee suspended for unapproved absences qualified for intermittent FMLA leave for recurring migraine headaches.
Judgment for employee, including legal fees and lost CTO, fired because medical certification was one day late.
Settled for all lost wages claim of employee fired for refusing overtime because of fatigue due to cancer chemotherapy treatment.
Employer fired production workers for absenteeism under its no fault absence policy although they called in sick and had medical verification. Substantial settlement recovered because employer failed to provide notice that absences qualified under FMLA.
Employee fired for excessive absences although employer had actual knowledge of the serious health condition, but did not notify employee that those absences qualified for FMLA leave. Court ruled in favor of employee.
Six figure settlement for employee fired for excessive absences while on intermittent leave to care for dying parent. Employer refused requests to return employee to day shift so he could be available to care for his father during the evening.
Employee demoted upon return from FMLA leave for pregnancy. Employer claimed reason was poor performance before leave started, but did not document that allegation until after the leave began. Obtained past and future lost wages.
ORAL EMPLOYMENT PROMISE: Won back wages for out placement counselor who moved out-of-state to accept new position when orally promised a one year job.
OVERTIME PAY: An employer thought it could avoid paying overtime to an administrative assistant by classifying her as exempt and paying on a salary basis. Won overtime pay for her because employer kept track of her hours and docked her for absences.
RETALIATION: Client was fired for filing discrimination complaint against supervisor. Recovered favorable settlement for back-pay and emotional distress damages.
SEVERANCE BENEFITS: Although client fired for good cause, successfully enforced grant of stock option.
Client was fired after announcing he would resign for a new job with competitor. Won severance benefit claim.
Obtained ruling that employer had to pay severance when it fired employee for poor performance because handbook containing poor performance provision was not given to employee until after employment contract signed.
VACATION PAY: Employer denied vacation pay to employee who quit without notice because employee went to work for a competitor and employee owed money to the employer. Recovered vacation pay because withheld without employee's written permission.
WHISTLE BLOWER: Obtained ruling that employer wrongfully fired client for consulting with attorney about possible claim against employer.
Favorable settlement for lawyer fired after objecting that law department's manager was an unlicensed attorney.
Favorable decision for fired employee who objected to misspending of federal head start grant funds.
WORKERS COMPENSATION: Six figure judgment after trial for injured employee, who could not return to work, because employer failed to have workers compensation insurance.
Large settlement for employee fired in retaliation for filing for workers compensation benefits.
The success in these cases is no guarantee of the result in your case.
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