nj.com

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.

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:

• Defendant Berghammer: “If it’s in a neighborhood school district, it should be, we don’t mind if it is a black person or a Haitian speaking person.”
• Defendant Armstead: “That is what has to happen in order to keep our community from being taken over by guys with big hats and curls.”
• Defendant Armstead: “He sold his home anyway and moved out of town, I am not feeling that at all. He sold his house to the guys with the big hats and the curls.”
• Defendant Berghammer: “Do we have demographics as to what type of race they are?:
• Defendant Armstead: You can almost figure that out by the name sometimes.”
• Defendant Armstead: “Linden will go the same way as Roselle, Irvington, Newark if we don’t manage this thing the way that we’ve been trying to manage it, and that’s having full and complete control of who gets hired.”

“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.

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.

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.