• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us

Worker Alleges Retaliation After Not Being Reinstated for Third Time

November 7, 2018 by Red Bank Legal

A former public works employee is suing the Borough of Roselle after he was denied a reinstatement for the third year in a row.

His lawsuit, filed in federal court, claims that the borough chose to hire a man with less experience, rather than reinstate him to his previous position as superintendent in the Department of Public Works.

Paid Leave of Absence to Seek Help

According to the lawsuit, in mid-2015 the employee left to seek therapy to recover from mental health issues that he had begun to experience as a result of his job. He had begun to experience anxiety and panic disorder, which were in turn causing him many sleepless nights and weakness.

However, the employee alleges that as a result of his permissible leave, he has still been subjected to “animosity and hostility.”

Working His Way Up the Ranks

In 2002 the employee began working at the Department as a laborer, working his way through the ranks. Eventually, in 2010 he became superintendent, a position he held until 2016, when the borough council voted not to reinstate him, according to the complaint.

The department handles construction, operation, and maintenance of public facilities and infrastructure.

The decision not to reinstate him allegedly cost the employee $50,000 in wages and benefits.

Politics May Have Played a Role in The Decision

Even though the superintendent position remained open, the former Roselle borough administrator would not reinstate the employee to the position. Apparently, the employee’s ability to perform the job was called into question at public council meetings.

According to the lawsuit, the former borough administrator said that he would be “politically f—–“ by the borough if he was to support the employee.

Denied Reinstatement Three Times

In January 2016, the mayor recommended the employee to the borough council for the position of superintendent. According to coverage of the January 2016 meeting, the mayor said the employee, “… is the strongest manager in a department that needs strong management skills.”

Despite the mayor’s glowing recommendation, the borough council voted 2-4 not to re-appoint the employee. A councilwoman had explained that the council felt that there was a lack of communication, and that there were issues that they did not have time to address with the employee.

In 2017 the employee again applied for the position and was recommended once more by the mayor. Instead, the council appointed an interim supervisor, even though he did not have the correct certification. Not only was the employee a certified public works manager, he had 14 years of experience, compared to the interim supervisor’s five.

For a third time, the employee applied, but was rejected for the superintendent position. In March 2018, the interim supervisor obtained the needed certification and was moved from his interim position and appointed superintendent.

The employee filed suit claiming that the council’s decision not to re-appoint him was done in retaliation for taking leave under the Family Medical Leave Act.

Middletown Employment Discrimination Lawyers at McOmber McOmber & Luber, P.C. Fight Employment Discrimination

If you or a loved one believe that you have been the victim of employment discrimination, it is in your best interest to seek out a knowledgeable and experienced Middletown employment discrimination lawyer at McOmber McOmber & Luber, P.C..

Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation. We represent clients throughout New Jersey.

Filed Under: Retaliation, Employment Lawyers, Employment Discrimination

Primary Sidebar

Related Practice Areas

  • Workplace Retaliation | Blog | McOmber McOmber & Luber
    Workplace Retaliation

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation