Zatuchni & Associates has filed a whistleblower lawsuit under the Conscientious Employee Protection Act on behalf of commercial Diver against his employer

The lawsuit alleges that during the course of his employment, Plaintiff became aware of numerous safety concerns, physical hazards and Occupational Safety and Health Administration (hereinafter "OSHA") violations that compromised his and other divers' health, safety and well-being. In response to his findings, the Plaintiff made numerous complaints to Defendant. The lawsuit alleges that numerous fellow divers and other employees of Defendant were aware of the safety hazards and witnessed the Plaintiff complaining to management. The lawsuit alleges that Defendant routinely ignored, belittled and reprimanded the Plaintiff for his complaints, failed to remedy the job and dive site hazards and safety violations, and ultimately terminated the Plaintiff in retaliation for his protected conduct in complaining and calling OSHA. Click here to see a copy of the filed Complaint.

Zatuchni & Associates has filed a lawsuit on behalf of a Policeman against his employer Municipality alleging a violation of the Plaintiff's First Amendment rights to free speech and also a violation of New Jersey public policy

The lawsuit alleges that the Officer was denied a promotion to a Sergeant position, for which he was most qualified, because of the Officers conduct in negotiating a union contract in his role as PBA President. The lawsuit alleges that after the Officer complained about and publicized the Municipality's unfair contract negotiating tactics, he was threatened by a Municipal Councilman with damage to his "career." The Officer immediately complained about this threat to his employment. Shortly thereafter, the Council passed over the Officer for promotion, and did so in contravention of the Police Chiefs own recommendation that the Officer be promoted.

The lawsuit further alleges that the Officer was subjected to retaliation by the Council after he stopped a Councilman for speeding and writing him a ticket. The lawsuit alleged that upon being stopped, the Councilman stated, "Do you know who I am?" Click here for a copy of the filed Complaint.

Zatuchni & Associates represents three former Nurses in a religious discrimination claim against a large New Jersey Hospital brought under the New Jersey Law Against Discrimination

The Plaintiffs, each of whom are Jewish, worked in the Maternal Child Health Department as long-standing employees. The lawsuit alleges that the Plaintiffs became the target of newly appointed manager who made derogatory comments about the Jewish nurses on staff and targeted the Jewish nurses through false disciplines, harassment, and ultimately termination. Click here to see a copy of the filed Complaint.

Zatuchni & Associates represents a former Municipal Judge in a whistleblower case

The Plaintiff was a Judge for the defendant municipality for approximately 12 years, and had previously been reappointed to his position by the Council for repeated and consecutive three year terms. The lawsuit alleges that in 2009 the Council refused to reappoint the Plaintiff in retaliation for the Plaintiff's complaints to the Mayor and New Jersey Judiciary that the Borough's code enforcement officer was potentially violating the civil rights of the Borough's Hispanic residents. The lawsuit alleges that the Borough's Mayor knew about and ratified the code officer's alleged discriminatory enforcement practices. Click here to see a copy of the filed Complaint.

Zatuchni & Associates has filed lawsuit for sexual harassment against a national custodial and building maintenance company

The lawsuit alleges that the Plaintiff, a custodial worker, was repeatedly propositioned for sex and subjected to unwelcome advances by a co-worker. After the Plaintiff complained, the company took no action, and one of its managers blamed the Plaintiff and called her a "prostitute." The lawsuit alleges the Plaintiff was compelled to continue working with the co-worker that sexually harassed her, and was subjected to a vicious campaign of retaliatory harassment and ultimately discharged because she made a complaint. Click here to see a copy of the filed Complaint.

Zatuchni & Associates Wins Multi-Count Jury Verdict On Behalf of Sexual Harassment Victim

On February 13, 2009, a Mercer County jury returned verdicts in favor of a sexual harassment plaintiff represented by Zatuchni & Associates. The Plaintiff sued her former employer after he infected her with chlamydia and HPV, then terminated her when she objected to having any further sexual relations with him. The jury decided for Plaintiff on both her Negligent Infliction of Venereal Disease and Sexual Harassment claims. Zatuchni & Associates is proud to add this verdict to its growing list of trial victories.

Zatuchni & Associates Files Retaliatory Discharge Claim on Behalf of Caucasian Welder Who Stood Up For Black Shop Steward

A suit filed by Zatuchni & Associates in January 2009 seeks to hold a Plumbers’ Union liable for discharging a welder in retaliation for complaining about racism directed at another union employee. The welder, Charles Russell, was a long-standing member of the Union with an excellent work history. The Union hired him in January 2008 for a project that was scheduled for two years. Almost immediately, the suit alleges, Mr. Russell overheard his Caucasian co-workers making racist and derogatory slurs against the shop steward, who was the sole African-American employee. He also claims that the steward was denied the perks traditionally granted to shop stewards.

After the shop steward was demoted, Mr. Russell complained to the Union about the steward’s discriminatory treatment. A Union officer assured Mr. Russell that an investigation would ensue and that no retaliatory action would be taken against him. However, the suit alleges that Mr. Russell was singled out for “sitting down” during a break (whereas his co-workers were not), transferred to a different unit, given additional and unrelated job duties, and not provided with a pipefitter to assist him in welding. Ultimately, the complaint alleges the Union terminated Mr. Russell in December of 2009, despite the fact that the project was ongoing and that there were no issues with Mr. Russell’s job performance.

The suit charges the Union with retaliatory discharge in violation of the New Jersey Law Against Discrimination. Significantly, the suit also charges the project Foremen responsible for Mr. Russell’s bogus disciplinary charge and transfer with aider and abettor liability.

Zatuchni & Associates Represents Eight Police Dispatchers in Reverse Discrimination Suit Against Trenton Police Department

In September, 2008, Zatuchni & Associates filed a multi-count complaint against the City of Trenton/Trenton Police Department (TPD), on behalf of eight aggrieved Caucasian employees of the TPD’s radio dispatch room. The lawsuit alleges that the eight dispatchers were targets of a malicious campaign of reverse discrimination waged by Director Irving Bradley and Supervisor Talea Woods, both of whom are African-American. According to the complaint, Mr. Bradley and Ms. Woods purposefully and routinely wrote the dispatchers up on bogus charges, frequently switched them to undesirable shifts, and passed them over for training and promotion in favor of African-American and Hispanic employees. It is alleged that Bradley and Woods openly stated their intentions to “take care of . . . minorities” and “take care of [their] people” at the expense of Caucasian dispatchers. This case continues to garner significant attention in The Trentonian, as well as The Trenton Times. Click here to view follow-up coverage by The Trentonian.

Zatuchni & Associates Files Whistleblower Claim; Employee Terminated In Retaliation For Reporting Payroll Fraud

In the Fall of 2008, Zatuchni & Associates filed a whistleblower lawsuit on behalf of a terminated payroll administrator for Foley, Inc., one of the largest Caterpillar Machines dealerships in the Northeast. The claim alleges that Foley directed another payroll administrator to purposefully falsify employee time records, as part of a long-standing scheme to bilk employees of pay. The plaintiff, in fact, discovered that her own time records had been altered along with those of numerous other employees, some of whom had been affected for years. When she reported the fraud to Human Resources, she was summarily fired in retaliation. The plaintiff now seeks damages from Foley under the Conscientious Employee Protection Act (“CEPA”). A copy of the filed complaint can be read here.

Zatuchni & Associates Files Retaliation and Age Discrimination Lawsuit On Behalf of Police Lieutenant Who Was Denied Promotion Due To Military Service In Iraq

Zatuchni & Associates filed a lawsuit on March 29, 2007 against the New Jersey Transit Police on behalf of Lieutenant Charles Thomas, a 19 year veteran of the force.  The lawsuit alleges that Lt. Thomas was not considered for a promotion to Captain in 2005 because of his military reserve obligations in Iraq and also because of his age (60).  The lawsuit alleges that after Lt. Thomas filed a grievance pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA), he was subjected further discrimination and retaliation by being denied another promotion to Captain in 2006, which was instead awarded to a less qualified applicant in her early forties.  The lawsuit seeks recovery for back pay, emotional distress, and punitive damages.  Click here for a copy of the filed Complaint.

Zatuchni & Associates Asserts Civil RICO Claims Against Toys ‘R’ Us On Behalf Of Employees Replaced By Illegal Aliens

Zatuchni & Associates represents five former employees of Toys ‘R’ who worked at the company’s warehouse/distribution facility in Somerset, New Jersey.  Toys ‘R’ claims that these employees were terminated as part of a general layoff.  The lawsuit alleges, however, that the general layoff was simply a cover for Toys ‘R’ Us to replace its existing workforce with cheaper labor consisting of illegal aliens to whom the company did not have to pay medical or other benefits.  The lawsuit alleges that Toys ‘R’ Us conspired with a third-party “staffing” company as part of an unlawful scheme to obtain, harbor, and transport illegal alien in order to reduce its labor costs.  The lawsuit asserts claims against Toys ‘R’ Us for wrongful discharge, conspiracy, and under the civil RICO statutes.

Zatuchni & Associates Obtains $3.2 Million Verdict On Behalf Of Whistleblower

Zatuchni & Associates represented Kathleen Stahl, a former employee of A.C. Moore, in a whistleblower lawsuit against the company under the New Jersey Conscientious Employee Protection Act (CEPA).  Ms. Stahl brought her lawsuit in Burlington County, New Jersey claiming that she was subjected to intolerable retaliatory harassment after she blew the whistle on a manager’s unlawful scheme to avoid paying overtime wages.  On October 30, 2006, after a week long trial, the jury returned a verdict in Ms. Stahl’s favor in the amount of $3.2 million.  The jury awarded Ms. Stahl $1.8 million in compensatory damages, including for emotional distress.  The jury further awarded Ms. Stahl $1.5 million in punitive damages.

Zatuchni & Associates Represents Former Food Services Director for Nutley Board Of Education In Whistleblower and First Amendment Lawsuit

On April 18, 2007, Zatuchni & Associates formally took on the representation of Linda Scarpa, a former Food Services Director for the Nutley Board of Education for 21 years.  Ms. Scarpa’s lawsuit alleges that she was terminated in retaliation for her statements and complaints to the Board during a public meeting that the planned renewal of a food services agreement with Pomptonian, Inc.,  a food services contractor, was both illegal and contrary to the public interest of the citizens of Nutley Township.  The lawsuit alleges that after having made these comments of vital public concern, the Superintendent of the School’s and the Township’s Business Manager retaliated against Ms. Scarpa by refusing to renew her contract, which had previously been renewed for 21 years.  The lawsuit alleges that Ms. Scarpa was told by these managers that she was not being renewed because she “opened her big mouth.”  Zatuchni & Associates has filed an Amended Complaint which adds a First Amendment claim in addition to the whistleblower claim that had already previously been asserted.  Click here for the latest newspaper article on this case.