Partners Peter D. Valenzano and Christian V. McOmber represent Kevin Marshall in a harassment, discrimination, and whistleblower claim against Motor Vehicle Assurance in Toms River, New Jersey. Named defendants in the lawsuit include owners of Motor Vehicle Assurance, Daniel Rodd and Christopher Doyle; General Manager, Michael Kahlbaum; and Sales Manager, William Krogman. Mr. Marshall alleges that he was subject to harassment and racial discrimination while employed as a sales representative at Motor Vehicle Assurance. Specifically, Mr. Marshall alleges that employees and management casually referred to black employees as the “N” word. He also alleges that he and other African Americans were passed over for promotion, denied equal pay, and segregated into a room known as the “Black Room,” which Caucasian management derisively referred to as the “Ni**er Center.”
Mr. Marshall also alleges that the owner of the company, Daniel Rodd, even saw fit to dress up like Adolph Hitler, gleefully laughing as he performed a Nazi salute at a company-wide Halloween party (pictured here). On another occasion, Daniel Rodd dressed up as “Donald Trump Riding a Mexican” in the workplace (pictured below).
Relatedly, Plaintiff alleges that salespersons and managers were forced to deceive potential customers about the terms of their warranties, bilking them out of their hard-earned cash. Plaintiff’s managers also encouraged salespersons to fraudulently acquire customers’ credit card information and bill them without authorization. Against this backdrop, Plaintiff observed illegal drugs being sold and used daily. The constant drug use, and Defendants refusal to listen to Plaintiff’s complaints about same, were so prevalent and so commonplace that at least one employee overdosed while at work. Ultimately, after repeated complaints about the intolerable discrimination and unlawful conduct, Mr. Marshall was constructively discharged from his position with the company, in violation of law.
The lawsuit, which was filed in Ocean County Superior Court, alleges violations of, among other things, the New Jersey Law Against Discrimination and New Jersey’s Conscientious Employee Protection Act. Mr. Marshall seeks compensatory damages, punitive damages, and attorneys’ fees and costs.
“The allegations are deeply disturbing. As alleged in the Complaint, Plaintiff is one of the many African American employees forced to endure outright bigotry while working at Motor Vehicle Assurance. Defendants’ conduct is intolerably offensive – referring to African Americans by the ‘N word,’ segregating African Americans in the workplace, and dressing up like Adolph Hitler have no place in a civilized society. We applaud our client for his courage in exposing this outrageous and unlawful behavior.” Peter D. Valenzano, Esq., McOmber McOmber & Luber, P.C.