New Jersey Employment Lawyer Blog

Dr. Regina Cunningham, Chief Nursing Officer of UMDNJ's Cancer Institute of New Jersey, is accused of awarding fraudulent continuing nursing education units to a fellow nurse in a lawsuit we filed on behalf of Dr. Cunningham's former Staff Assistant, April Allridge, in the Superior Court of New Jersey, Middlesex County. In the case entitled Allridge v. University of Medicine and Dentistry of New Jersey, Docket No. MID-L-006554-08, Ms. Allridge alleges that after she reported her supervisor's conduct to UMDNJ's Office of Corporate Compliance, Dr. Cunningham took retaliatory measures against her, eventually forcing her to resign.

Nursing laws and regulations require nurses to complete 30 hours of continuing education courses every two years, and it is unlawful to falsely swear that the continuing education requirement has been met. According to Ms. Allridge's lawsuit, Dr. Cunningham directed Ms. Allridge to issue 15 continuing education credits to a nurse who did not earn them. Ms. Allridge alleges that when she refused to issue the credits, Dr. Cunningham stated that she would issue them herself.

Ms. Allridge claims that after she reported this incident to UMDNJ's Office of Corporate Compliance, Dr. Cunningham began isolating, marginalizing and targeting her for hostile treatment. According to the Complaint, Ms. Allridge's work environment worsened in the Fall of 207 after Dr. Cunningham hired two employees to supervise Ms. Allridge. Ms. Allridge claims that in May 2008, one of these individuals confided in her that Dr. Cunningham had instructed the supervisors and staff to create a hostile environment towards Ms. Allridge. Ms. Allridge claims that this individual showed her written evidence of Dr. Cunningham's plan to harass her and terminate her employment. Once Ms. Allridge saw these documents, she concluded that her employment had been terminated, and she resigned.

Ms. Allridge did the right thing by reporting her supervisor's conduct. Unfortunately, UMDNJ did the wrong thing by targeting her for harassment and termination.

Posted by Steven Siegler | Permalink | Email This Post

Posted In: Whistleblower Retaliation

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What are some of the top strategies for maximizing your severance pay if you are handling the negotiation on your own? This question was the recent subject of an article in Business Week entitled "Severance: How to Part on the Best Terms."

The first tip offered in the article is "don't take it personally." In other words, approach the severance negotiation as a business transaction, and don't let your emotions get in the way. The next tip is to "speak to someone who's on your side," such as a mentor or supervisor who thinks highly of you. The last tip is to "determine exactly what you want" with respect to the money you are looking for and other employer concessions, such as reducing the scope of a non-compete clause.

This "kinder, gentler" approach can be effective for certain employees, such as high level executives, who are negotiating severance packages without the assistance of an attorney. I would advise these individuals to negotiate as good a deal as they can on their own, and then bring in a reputable severance package attorney at the end to review the agreement and suggest possible further enhancements. Employees who don't feel comfortable negotiating on their own should do some research about severance package negotiations and engage a professional to negotiate on their behalf. You should have an attorney review any document in which you are giving up legal rights, such as a severance agreement.

Posted by Steven Siegler | Permalink | Email This Post

Posted In: Severance Negotiations

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We recently filed a lawsuit on behalf of Ms. Beverly Berry Baker, who worked for Kean University, Union, New Jersey, as the Director of its Exceptional Educational Opportunities (“EEO”) Program for almost 40 years. According to the Complaint filed in the Superior Court of New Jersey, Union County, in the matter Beverly Berry Baker v. Kean University, Docket No. UNN-L-2646-08, Ms. Baker’s employment took a “sudden and drastic turn for the worse” after the Kean hired Dr. Dawood Farahi as its President in 2003. Ms. Baker alleges that shortly after Dr. Farahi became University President, Kean began harassing and discriminating against herself and other African-American female administrators and faculty. Kean terminated Ms. Baker from her administrative position in December 2007.

According to the lawsuit, Ms. Baker devoted the better part of three decades to Kean University and its EEO Program, a state-funded program which helps disadvantaged students enroll in and finish college. Ms. Baker alleges that, beginning in 2004, Kean subjected her office to three unnecessary audits, all of which revealed no financial impropriety, suspended her without pay for 30 days, gave her the three worst job performance reviews in her career and refused her annual salary increases. According to Ms. Baker, these actions are inconsistent with the fact that the Kean EEO Program received the State’s highest rating in recent years.

Ms. Baker’s Complaint alleges that when Ms. Baker informed Kean she would need a brief medical leave in August 2007, the University terminated her from her position as Director of the EEO Program and replaced her with a younger non-African American male with no prior EEO experience. Ms. Baker alleges that when she returned to work in November 2007, Kean terminated her from its administrative staff and placed her in a junior faculty position at two-thirds her former salary. Ms. Baker claims that the University then placed her on an involuntary sabbatical for the Spring 2008 semester, causing her to lose her ability to use accrued sick and vacation days. Ms. Baker alleges that these actions constituted a “constructive discharge,” meaning that she was forced to resign. Ms. Baker’s lawsuit alleges that the University has subjected at least nine other African-American female professors and administrators to similar conduct since 2004.

In my opinion, the facts of this case are extremely sad . . . and at the same time maddening. Here was a woman who gave Kean University almost 40 years of her life, helping thousands of disadvantaged students achieve the dream of graduating from college, who was stripped of her reputation, her dignity, and her means of supporting herself, for no legitimate reason. We think the taxpayers of this State should be outraged at how this publicly-funded university apparently operates.

Posted by Steven Siegler | Permalink | Email This Post

Posted In: Discrimination and Harassment

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