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McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

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New York Post

Partners Christian V. McOmber and Peter D. Valenzano represent AnnaMarie Ferrara in a sexual harassment and retaliatory termination claim against Healthcare Services Group, Inc. and HCSG East, LLC. Also named as an individual Defendant in the lawsuit is Howard Lawton, a Dietary Supervisor for HCSG East and Ms. Ferrara’s supervisor during her employment.

Plaintiff AnnaMarie Ferrara

The complaint alleges that Ms. Ferrara was subjected to constant sexual harassment during her brief time working as a chef for HCSG East, and the factual assertions set forth herein are a summary of the allegations set forth in the complaint.  Specifically, starting on the day he offered Ms. Ferrara a job, Mr. Lawton attempted to force Ms. Ferrara into participating in his sadomasochistic fantasies. Mr. Lawton constantly told Ms. Ferrara he wanted to be her “slave,” referred to her as his “master,” and asked her what she wanted to do to him sexually. Further, Mr. Lawton forced Ms. Ferrara to watch as he searched for various fetish and sex toys on his office computer, telling her he would order items for her branded with the word “MASTER.” Further, Mr. Lawton asked Ms. Ferrara to change into her work uniform in his office so he could watch her undress.

Ms. Ferrara understandably recoiled from Mr. Lawton’s grotesque sexual harassment and made it clear she had no interest in reciprocating and wanted him to stop.   In response, Mr. Lawton’s predatory conduct only grew worse, as he started stalking Ms. Ferrara throughout the company’s offices during her breaks, forcing Ms. Ferrara to hide in the kitchen to eat her meals. Mr. Lawton did not restrict his sexual harassment to work hours, either. Mr. Lawton sent Ms. Ferrara explicit text messages at all hours, displaying his genitals and continuing to describe his fantasies of Ms. Ferrara as his sexual “master.” Even after Ms. Ferrara demanded that he stop texting her and advised him that she feared her granddaughter could stumble across his nude photos on her phone, Mr. Lawton refused to cease his perverted behavior.

Lawton’s threatening behavior reached its apex following Ms. Ferrara’s second day of work. In response to Mr. Lawton’s constant badgering about wanting to spend time with Ms. Ferrara outside of work, Ms. Ferrara mentioned that she was taking her granddaughter to a nearby park on the Delaware River later that day and did not wish to meet with him outside work. The next day, Mr. Lawton told Ms. Ferrara that he went to the park and waited for her for an hour and a half. In other words, Mr. Lawton stalked Ms. Ferrara and her young granddaughter. Fortunately, Ms. Ferrara changed her plans and never brought her granddaughter to the park, sparing them both further harassment. However, when Ms. Ferrara told Mr. Lawton his behavior was disturbing and again demanded that he stop, Mr. Lawton simply smiled and said, “you like it, you love it.”

After only three days of work, Ms. Ferrara was forced to call out of work due to her reasonable fear of Mr. Lawton.  In response, Mr. Lawton immediately terminated Ms. Ferrara. Making matters worse, Healthcare Services Group, Inc. and HCSG East, LLC did nothing to stop the harassment, fix the hostile work environment, and or punish Mr. Lawton, despite being well aware of what Mr. Lawton was doing. Supervisors for Ms. Ferrara’s employers overheard Mr. Lawton sexually harassing Ms. Ferrara in his office and often observed Mr. Lawton stalking Ms. Ferrara around the company grounds as Ms. Ferrara hid in the kitchen, yet nobody took any action to protect Ms. Ferrara or confront Mr. Lawton. In this way, Ms. Ferrara’s employers maintained and encouraged a dangerously hostile work environment in which female employees like Ms. Ferrara were treated as sexual prey for male supervisors like Mr. Lawton.

The lawsuit, which was filed in Mercer County Superior Court, alleges violations of the New Jersey Law Against Discrimination, including sexual harassment, a hostile work environment, and retaliation. Ms. Ferrara seeks compensatory damages, punitive damages, and attorneys’ fees and costs.

“As alleged in the Complaint, HCSG East operated a workplace where a deeply disturbed supervisor was allowed to openly treat Ms. Ferrara as a sexual object for his own enjoyment and pursuit. When our client objected and refused to subject herself – or her young granddaughter – to this predatory conduct, she was immediately terminated in retaliation.  We stand united with our client in exposing this outrageous and unlawful behavior.”  Peter D. Valenzano, Esq., McOmber McOmber & Luber, P.C.

Press Coverage:

  • NY Post

Partners Christian V. McOmber and Peter D. Valenzano represent Priya Gupta in a sexual harassment and discrimination claim against the Township of Franklin, New Jersey, and the Franklin Township Volunteer Fire Department. Named defendants in the lawsuit also include Raymond Read, the Fire Chief and EMS Director for Franklin Township; Jan Verkade, the Deputy Fire Chief; and Vincent Fortunato, a Lieutenant with the Fire Department.

The complaint alleges that Ms. Gupta, an 18-year-old woman currently in her first year of college, was subjected to sexual harassment and racial discrimination while serving as a volunteer with the Franklin Township Volunteer Fire Department.  Specifically, Chief Read, who is approximately 40 years old and was Ms. Gupta’s supervisor, constantly made sexually explicit comments about Ms. Gupta’s body, expressed his desire to take sexually explicit photographs of Ms. Gupta and have sex with her, and sent sexually harassing text messages to Ms. Gupta after she left for college. Ms. Gupta alleges that Chief Read’s lustful and predatory sexual pursuit of her began when she was only 16 years old and working as a waitress. Chief Read admitted giving Ms. Gupta a tip at that time because “I thought you were hot.” Chief Read’s sexual harassment was not limited to Plaintiff, as he regularly made sexually harassing and discriminatory comments about other female volunteers as well.

Source: Plaintiff Provided Image

 

In addition to his constant sexual harassment of Ms. Gupta and other women, Chief Read also made numerous racially discriminatory comments to Ms. Gupta. Chief Read openly praised white supremacist groups such as the Klu Klux Klan, which he characterized as a “charity organization,” used the “N-word” to describe African Americans, and told Ms. Gupta’s co-workers he “didn’t want to smell like curry” as a result of being with Ms. Gupta, who is of Indian descent.

 
Source: Plaintiff Provided Image

Ms. Gupta further alleges that Mr. Fortunato, who is in his twenties and was Ms. Gupta’s supervisor, engaged in a sexual relationship with her when she was seventeen years old. Chief Read enthusiastically encouraged Mr. Fortunato to pursue Ms. Gupta sexually, often telling him to “go for it” when Mr. Fortunato expressed his lust for the high school student. Finally, Ms. Gupta alleges that several other male firefighters also sexually harassed her on various occasions. In short, Ms. Gupta was subjected to a work environment that was openly hostile to women and non-white persons and in which Ms. Gupta was reduced to a mere sexual object for the pleasure of her male supervisors.

Instead of stopping the harassment, fixing the hostile work environment, and punishing those responsible, Franklin Township and the Franklin Township Volunteer Fire Department knowingly encouraged it and allowed it to continue indefinitely. Even when Ms. Gupta complained to Deputy Chief Read about the harassment and hostile work environment in the hope that her concerns would be addressed, Deputy Chief Read merely acknowledged that her complaints were “a long time coming” but refused to investigate or take any other action in response.

The lawsuit, which was filed in Warren County Superior Court, alleges violations of the New Jersey Law Against Discrimination, including sexual harassment, a hostile work environment, and discrimination based on race and gender. Ms. Gupta seeks compensatory damages, punitive damages, and attorneys’ fees and costs.

“As alleged in the Complaint, Defendants operated a firehouse where its deeply disturbed leadership promoted a culture rife with misogyny and bigotry.  Ms. Gupta fell victim to this to egregious sexual harassment and discrimination – much of which occurred while she was still a minor.  We stand shoulder to shoulder with our client in exposing this outrageous and unlawful behavior.”  Peter D. Valenzano, Esq., McOmber McOmber & Luber, P.C.

Press Coverage:

  • NY Post

Partner Matthew A. Luber, Esq. and associate Meghan A. Clearie, Esq. represent an employee who discovered a hidden camera in the men’s urinal at his employer TriNet USA, Inc.’s bathroom.

Mr. Savage alleges that, his direct supervisor, David Swerdloff, learned about the hidden camera, seized the device, and instructed Mr. Savage he would “handle” the situation. Instead, Swerdloff later told coworkers he “accidentally smashed the camera and, in a state of panic, hurled the device from his car off the Garden State Parkway overpass”   Subsequently, Mr. Savage reported the matter via TriNet’s internal hotlines. This suit alleges that, rather than fully investigate the matter to prevent additional irreparable harm, the company was more concerned about “keeping the matter quiet.”  Mr. Savage further claims Defendant TriNet failed to notify the authorities; failed to alert or warn employees of what occurred; failed to take steps to preserve data and documents relating to the incident; failed to conduct a proper investigation; and failed to implement at remedial plan actually designed to bring justice to those harmed or to ensure such conduct would not be tolerated.

In addition, the lawsuit explains that the company quietly terminated Defendant Swerdloff and lied to employees about the true reason for doing so and leaving employees in the dark about the hidden camera.  Furthermore, Mr. Savage claims he was instructed to keep the incident confidential and that the company failed to prevent Defendant Swerdloff and his cohorts from retaliating, despite his complaints of retaliation. Mr. Savage alleges the company instead turned the tables on him, subjecting him to a sham investigation into his conduct and engaging in an orchestrated, retaliatory effort to force his resignation or set up an otherwise unlawful termination of his employment.

The lawsuit, which was filed in Monmouth County Superior Court on behalf of Plaintiff, Jayson Savage, alleges violations of, among other things, the New Jersey Law Against Discrimination and Conscientious Employee Protection act.  Mr. Savage seeks compensatory damages, punitive damages, and attorneys’ fees and costs.

Quote From Matthew A. Luber, Esq. and Meghan A. Clearie, Esq.

“This matter involves an egregious and shocking invasion of privacy.  Public exposure of this case is critical because, as alleged in the complaint, the company was more concerned with muzzling its employees than learning the truth.”  – Matthew A. Luber, Esq. and Meghan A. Clearie, Esq.

Press Coverage

  • New York Post
  • App.com

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