NJ.com features Managing Partner Matthew A. Luber, COO & Associate Tyler J. Burrell, & Associate Skylar B. DeMartinis‘ whistleblower retaliation lawsuit against the Pinelands Regional High School District.
“The allegations in the complaint are disturbing to say the least. We are proud of our client for standing up for herself and the students. She looks forward to her day in court.” – Matthew A. Luber, Esq.
McOmber McOmber & Luber, P.C., a leading law firm renowned for its expertise in employment and civil litigation, has filed a whistleblower retaliation and disability discrimination lawsuit on behalf of Pamela Steele against the Township of Wyckoff. This case has attracted various media attention due to the serious allegations of retaliation and wrongful suspension faced by Ms. Steele after reporting violations of the law and requesting to work from home as an accommodation for her serious medical issue.
The lawsuit, filed in the Superior Court of New Jersey, alleges that the Township of Wyckoff subjected Ms. Steele to clear retaliation after she complained about Wyckoff’s failure to provide her with raises to which she was statutorily entitled and requested to continue working remotely as an accommodation for her serious medical condition. As alleged in the Complaint, despite a clear lack of legal authority to do so, the Township of Wyckoff suspended Ms. Steele without pay and subsequently filed a petition with the New Jersey Division of Taxation to remove Ms. Steele as its municipal tax assessor.
The complaint outlines several key allegations:
McOmber McOmber & Luber, P.C.’s dedicated legal team, led by partners R. Armen McOmber, Esq. and Austin B. Tobin, Esq. and associate Christian J. Fechter, Esq., is committed to advocating for Ms. Steele’s rights. The firm’s extensive experience handling complex whistleblower and employment law cases uniquely positions them to seek justice and accountability.
“Whistleblowers play a crucial role in maintaining transparency and safety in workplaces. Retaliation against individuals who courageously report wrongdoing cannot be tolerated,” said Christian Fechter. “We are determined to ensure that the Township of Wyckoff is held accountable for its actions against Ms. Steele.”
Officials in a Bergen County school district voted earlier this month to pay the now-former superintendent $400,000 to settle her lawsuit and buy out her contract.
Managing Partner R. Armen McOmber, Esq., Partner Austin B. Tobin, Esq., & Associate Johnathan J. Azar, Esq. represent Joy Tozzi in a whistleblower lawsuit against the Township of Robbinsville as well as the Mayor of the Township, Mayor David L. Fried. The lawsuit, which was filed in Mercer County Superior Court, alleges violations of New Jersey’s Conscientious Employee Protection Act. Ms. Tozzi seeks compensatory damages, punitive damages, and attorneys’ fees and costs.
As alleged in the complaint, Ms. Tozzi was a 15-year employee of the Township of Robbinsville who was terminated from her position as the Township Administrator after she complained about numerous instances of unlawful conduct, including sexual harassment by Councilperson Ron Witt, and also objected to Mayor Fried seeking to rehire an employee who, while receiving a salary and benefits from the Township, was performing little to no work. Following Ms. Tozzi’s objections, Mayor Fried ousted her from the workplace. Later, when Ms. Tozzi reported to a budget meeting, Robbinsville’s Chief of Police told Ms. Tozzi that Mayor Fried did not want her in the building, and she would be criminally charged with trespassing if she did not comply with his directive. Later that day, Mayor Fried fired Ms. Tozzi, and later deprived her of pay she was statutorily entitled to receive.
“As alleged in the Complaint, Ms. Tozzi was subjected to repeated acts of retaliation for reporting Mr. Witt, and for objecting to hiring somebody who was effectively collecting a salary from the Township while performing little to no work. Mayor Fried fired Ms. Tozzi because she stood up to him and objected to this unlawful conduct. We stand shoulder to shoulder with Ms. Tozzi and seek not only justice for her but to expose the outrageous behavior and rampant retaliation in the Township.” Johnathan J. Azar, Esq., McOmber McOmber & Luber, P.C.
Partners R. Armen McOmber and Austin B. Tobin, and Associate Christian J. Fechter represent Paul Oliveira, the former Assistant Superintendent for Academics for the Linden Board of Education in a Law Against Discrimination and Conscientious Employee Protection Act lawsuit against the Linden Board of Education; the Board President, Marlene Berghammer; the Superintendent of Schools, Atiya Y. Perkins; and the Mayor of Linden, Derek Armstead. Mr. Oliveira seeks compensatory damages, punitive damages, and attorneys’ fees and costs.
As alleged in the Complaint, Defendants implemented a blatantly antisemitic and illegal hiring scheme, directed by Defendant Armstead and supported by Defendants Berghammer and Perkins. Notably, Mr. Oliveira witnessed Defendants Berghammer and Armstead make multiple explicitly antisemitic and otherwise discriminatory remarks, including the following:
“Mr. Oliveira’s allegations are deeply concerning. As alleged in the complaint, Mayor Armstead concocted an antisemitic and illegal hiring scheme which was, in turn, supported by the Linden Board, including Marlene Berghammer, Board President and Atiya Perkins, Superintendent of Schools. The Linden BOE also unlawfully abrogated their responsibility to their constituents by allowing Mayor Armstead to handpick candidates of his choosing for open positions. At its core, Defendants’ egregious conduct amounts to blatant discrimination against members of the Orthodox Jewish community. Mr. Oliveira had the strength of character and integrity to complain about Defendants’ illegal and discriminatory scheme. However, rather than taking remedial action, Defendants instead ignored Mr. Oliveira’s complaints and subjected him to a concerted campaign of retaliation, ultimately constructively terminating Mr. Oliveira from his position with the Board. Mr. Oliveira is bringing this suit to vindicate his rights and the rights of others to work in an environment free of invidious discrimination and retaliation.” – Christian J. Fechter, Esq.
The New York Times features R. Armen McOmber, Esq., and Matthew A. Luber, Esq.’s recent sexual harassment and retaliation lawsuit against Seton Hall University. The former Seton Hall University President and his wife filed a lawsuit alleging various claims against the university, including retaliation, breach of contract, and sexual harassment.
Mr. Marino is not a named party to the lawsuit. R. Armen McOmber, a lawyer for the Nyres, said they did not sue Mr. Marino because their ”issue is with the university and how they acted, not with the core of the problem.”
”If the university had acted appropriately, there would not have been a problem,” said Mr. McOmber. ”The university has a responsibility to protect employees, investigate and remediate wrongdoing and make sure its policies are followed.”
NJ.com and 6abc featured Matthew A. Luber, Esq., Armen McOmber, Esq., and Meghan A Pazmino, Esq.’s recent sexual harassment lawsuit against Pemberton Township. The Pemberton mayor is accused of sexually harassing Plaintiff Nichole Pittman, who was the director of parks and recreation and senior services for the township, according to the lawsuit.
“The allegations against Mayor Tompkins are deeply troubling,” Pittman’s attorney, Meghan A. Pazmino, said in a statement. “We expect the leaders of our local government to uphold the law, not violate it.”
Partner R. Armen McOmber and Associate Austin B. Tobin represent Christine Gallinaro, and her 15-year-old disabled son, J.G., in a Law Against Discrimination lawsuit against Cinemark Hazlet 12, a movie theater located in Hazlet, New Jersey as well as that theater’s manager, Nicole Nicolet, and assistant manager, Brandon Mansueto. The lawsuit, which was filed in Monmouth County Superior Court, alleges violations of New Jersey’s Law Against Discrimination. On behalf of her disabled son, Ms. Gallinaro seeks compensatory damages, punitive damages, and attorneys’ fees and costs.
On June 16, 2023, Ms. Gallinaro and J.G., her 15-year-old special needs son who is diagnosed with Autism, traveled to Cinemark Hazlet 12 to see a movie. During their visit, J.G. needed to use the restroom. Since the movie theater did not have a family restroom, and given that Ms. Gallinaro’s husband was not with them, she took her disabled son to the woman’s restroom. However, as they left the women’s restroom, the location’s manager angrily approached them and shouted discriminatory remarks directed towards the obviously disabled J.G., asserting that “he shouldn’t be in here [referring to the women’s restroom]” and that a “grown” man should not be in the women’s restroom. The manager then doubled down on her discriminatory rhetoric by (1) loudly exclaiming in the theater’s crowded lobby that “this [referring to the women’s restroom] is not a transgender bathroom”; (2) ordering Ms. Gallinaro and her son to leave the premises, and (3) outrageously directing the assistant manager to call the police to have them removed from the theater. Both the assistant manager and the movie theater’s security guards then publicly humiliated Ms. Gallinaro and her son by surrounding them in a hostile and confrontational demeanor. The assistant manager ultimately did, in fact, call the police to have them removed from the premises.
“The allegations are very disturbing. As alleged in the Complaint, Ms. Gallinaro’s 15-year-old son, who is diagnosed with Autism and severe speech delays, was traumatized by blatantly discriminatory conduct on the part of Defendants on June 16, 2023 simply because he needed to use the bathroom while seeing a movie with his mother. We stand shoulder to shoulder with our clients in exposing this outrageous and unlawful behavior.” R. Armen McOmber, Esq., McOmber McOmber & Luber, P.C.
Christian V. McOmber, Peter D. Valenzano, and Tiffany M. Yacullo represent Alyssa Sanchez in a sexual harassment, gender discrimination, and retaliation lawsuit against licensed cannabis operator Verano NJ LLC, located in Somerville, New Jersey. Named defendants in the lawsuit also include Larry Wharton, Ken Merced, Latoya Bynum, Kim Torres, and VZL Staffing Services LLC.
The Complaint alleges Ms. Sanchez was subjected to countless harassing, misogynistic, and lewd comments from her direct supervisor, Mr. Wharton. Specifically, Wharton would often ask about intimate details of Sanchez’s sex life and marriage, compared Sanchez to his own wife, and commented on more than one occasion that he “thought about you [Sanchez] last night.” Each time, Sanchez would make clear to Wharton she wished to keep their relationship strictly professional. Despite this denial, Wharton would further search for Sanchez throughout the workday in Verano to engage in conversation with her and would frequently watch her whereabouts on the security cameras. When Sanchez engaged in conversations with co-workers, Mr. Wharton would be nearby, intensely staring at her.
Eventually, in Complaint paragraph 43, Ms. Sanchez alleges she brought her concerns about Wharton’s behavior to the Production Manager, Ken Merced, around July 6, 2022. Although Mr. Merced admitted he received several complaints about Wharton’s conduct from other employees, he ultimately failed to address the situation with the parties and instead promoted Sanchez in efforts to quiet her protest.
The Complaint continues in paragraphs 53 to 59 that despite Sanchez’s complaints to both Mr. Merced and Human Resources in which they promised follow-up meetings, no meeting was scheduled. When Sanchez finally informed her union, a meeting was commenced on July 14, 2022 with Ms. Bynum, Ms. Torres, Mr. Merced, Mr. Wharton, and a Union Representative. In this meeting, the named defendants appeared hostile towards Sanchez, commented inappropriately on her claims, and insisted the meeting “hurry up.” In fact, her complaints were essentially brushed aside, and the meeting culminated in Sanchez’s escort out of the building by a male security guard. The next day, Sanchez’s Union Representative informed her that the named defendants claimed she resigned from Verano, despite Sanchez never indicating such an intention.
This lawsuit, which is filed in Somerset County Superior Court, alleges violations of New Jersey’s Law Against Discrimination. Ms. Sanchez seeks compensatory damages, punitive damages, and attorneys’ fees and costs.
“The allegations in the Complaint have no place in a civilized society and must be condemned. Verano’s actions of maintaining employment of an alleged sexual harasser and willfully minimizing serious complaints from our client needs to and will be exposed. We are proud of Ms. Sanchez for her courage in speaking out and standing firm that no woman should endure this kind of behavior in the workplace.” Tiffany M. Yacullo, Esq., McOmber McOmber & Luber, P.C.
R. Armen McOmber and Austin B. Tobin represent the parents on behalf of their minor disabled son, J.W., in both hostile classroom environment and retaliation claims pursuant to the New Jersey Law Against Discrimination (“NJLAD”) and negligence claims against the Board of Education of the Township of Ocean (“OTBOE”) and a number of its supervisory and teaching assistant staff.
Despite Minor Plaintiff J.W.’s numerous disabilities and his need for trained, professional care during school hours, Ocean Township Elementary School knowingly, negligently, and callously hired unqualified employees to staff the Learning Language Disabled program. Not only was J.W. deprived of a safe and positive learning environment, but also, he was forced to endure the humiliation that no child should ever fall victim to. The complaint alleges, egregiously, that J.W. was repeatedly forced to use a bathroom that was so small that the assistant could not shut the door, forcing J.W. to leave the bathroom open for all to see. Worse, a video was taken of J.W. by his own instructional assistant during one of these incidents.
The negligent actions of the OTBOE and the hostile environment resulting therefrom led a young boy to be paraded around school, naked for all to see. This lawsuit seeks compensatory and punitive damages and a jury trial for the blatantly unlawful conduct in violation of New Jersey law.
“The allegations, in this case, are deeply troubling and our clients have suffered immensely. Simply put, the Ocean Township School District completely failed a minor student with special needs. J.W., a young boy with Down Syndrome and multiple other disabilities was entitled – like every other student – to a safe and positive learning environment. Instead, as alleged in the complaint, our client was paraded around the school in a humiliating fashion because of his disability. There is no excuse for such conduct and our clients look forward to their day in court.” R. Armen McOmber
NJ.com features Partner Matthew A. Luber, Esq. & Meghan A Pazmino, Esq.’s recent sexual harassment lawsuit against the American Dream mall. Their client alleges she was sexually harassed for more than a year by her manager and then was fired when she complained. She did not feel safe at work after several instances of unwanted touching, discriminatory comments, and retaliation.
Matthew A. Luber, R. Armen McOmber, and Tyler J. Burrell represent an Essex County Corrections Officer, Daniela Agudelo, in a sexual harassment, discrimination, and retaliation case pursuant to the New Jersey Law Against Discrimination (“NJLAD”) against Defendants County of Essex, Antonio Pires, and Michael Costa.
As alleged in the Complaint, Defendant Pires, one of the highest-ranking officers at the prison, subjected Ms. Agudelo to repeated and egregious sexual harassment. As alleged in the complaint, Defendant Pires, who is 48 years old and married, exploited his position of authority to manipulate and coerce Plaintiff, a 32-year-old female, into a sexual relationship. As described in the complaint, Defendant Pires sent text messages to Ms. Agudelo, “Cause I do thinking of you and your fake boobs” and “I have much love for you, so much, that I am willing to let my imaginary relationship go to let you fly high.” Defendant Pires also allegedly showered Ms. Agudelo with gifts and conditioned her career advancement on a sexual relationship. When Ms. Agudelo rejected Defendant Pires’ advances, Defendant Pires allegedly retaliated by ordering his officers, “she needs to be buried” subsequently eliminating her overtime ability and reassigning her to unfavorable shifts. The lawsuit seeks compensatory and punitive damages, as well as a jury trial for the alleged unlawful retaliation in violation of New Jersey law.
“The allegations are deeply troubling and Ms. Agudelo has suffered immensely. As alleged in the Complaint, our client was subjected to unequivocal sexual harassment and an unlawful quid pro quo relationship. We are proud of her for taking a stand against such an abuse of power and privilege.”
Matthew A. Luber, Esq. and Managing Partner of McOmber McOmber & Luber, P.C.
“We fully expect that Ms. Agudelo’s co-workers will come forward and corroborate the allegations. Our client also looks forward to her day in court.”
Tyler J. Burrell, Esq. of McOmber McOmber & Luber, P.C.
Matthew A. Luber and Meghan A. Pazmino represent Nurse, Allison Stec, in a whistleblower action pertaining to Cooper Hospital’s failure to address reports that, for years, a doctor was treating pediatric patients while impaired. As alleged in the complaint, Cooper failed to take action to address Stec’s internal reports and commenced an immediate, retaliatory, and orchestrated effort to compel her resignation. The doctor in question, who is not identified in the complaint and referred to as “Dr. Doe” out of respect for her family, died just a few days after Ms. Stec made her third formal complaint in June 2021. The Complaint asserts that Ms. Stec pleaded with hospital officials and her direct supervisors in the Pediatric Gastroenterology (“GI”) department to take action, and to provide help for Dr. Doe. The Complaint alleges, however, that Cooper brushed Ms. Stec’s concerns aside, misled investigators, and retaliated against her for attempting to bring the patient safety issues to light. Ms. Stec claims that, for years, numerous Cooper employees had serious concerns for Dr. Doe’s health and well-being, and for the safety of patients. The lawsuit seeks compensatory and punitive damages and a jury trial for the alleged unlawful retaliation in violation of New Jersey law.
“It takes immense courage and strength to bring a matter like this to light. Ms. Stec did everything she could to help Dr. Doe and was waving the red flag long before Dr. Doe’s tragic death. For the hospital to turn its back on Ms. Stec, and to call into question her character and work performance, is shameful but not surprising. Ms. Stec looks forward to her day in court.” Matthew A. Luber, Esquire and Managing Partner of McOmber McOmber & Luber, P.C.
“Ms. Stec is not alone in this fight. We fully expect that other Cooper employees will come forward and acknowledge the organizational failures here, which date back to 2019.” Meghan A. Pazmino, Esquire of McOmber McOmber & Luber, P.C.
On April 12, 2022, Partners Charles J. Kocher and Matthew A. Luber filed this consumer class action in U.S. District Court for the District of New Jersey on behalf of their client and a proposed class of Rutgers Business School MBA and other master’s degree students to recover the premium tuition they paid for a high ranking business school when, in reality, Rutgers was allegedly reporting false and misleading data about its employability statistics after graduation to third-party ranking organizations, such as U.S. News and World Report and the Financial Times, in order to inflate the rankings.
This was a massive fraud on Rutgers’ prospective students. Rutgers was unjustly enriched through its retention of tuition premiums paid by Plaintiff and Class members. A copy of the as-filed Class Action Complaint may be found below.
“Rutgers Business School allegedly reported misleading data to U.S. News and World Report, among other educational ranking organizations, to boost its rankings. But just as falsification of data is a violation of Rutgers’ own Academic Integrity Policy, Rutgers needs to be held accountable here under the law. This class action seeks to recover the premium tuition paid by Plaintiff and the proposed Class for Rutgers’ MBA and other master degree programs are given the tainted rankings.” – Partner Charles J. Kocher
As reported in NJ.com’s “Rutgers created fake jobs for graduates to boost MBA program rankings, lawsuit charges”:
But in a whistleblower lawsuit filed Friday, a Rutgers administrator charged that the university fraudulently burnished those national rankings by creating totally bogus jobs to show the success its business school graduates had in finding employment.
The lawsuit by Deidre White, the business school’s human resources manager, alleged the program used a temp agency to hire unemployed MBA students, placing them into sham positions at the university itself — for no other reason than to make it appear like a greater number of graduates were getting full-time jobs after getting their Rutgers diplomas.“The fraud worked,” wrote White’s attorney, Matthew A. Luber of McOmber McOmber & Luber in Marlton. In the very first year of the scheme, they said Rutgers was suddenly propelled to, among other things, the ‘No. 1′ business school in the Northeast.The university did not immediately respond to requests for comment.
By going through an outside temp agency, the lawsuit claimed the university was able to circumvent restrictions in the ranking systems that do not allow universities to count internal hires for purposes of their employment statistics.
White, 54, who alleged she was the subject of retaliation over health and other issues aimed at forcing her resignation or termination, said the university used more than $400,000 of its endowment to fund the fake positions and to pay what she called “kickbacks” to the employment agency.
Photo credit: NJ.com
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