Case Results

AGE DISCRIMINATION
Two female anesthesiologists, both of whom had long-term relationships with a local hospital, did not have their contracts renewed, despite the fact that their performances were exemplary. They were independent contractors, not employees. Each were well over 60. They claimed that the reasons for the non-renewal of their contracts related to gender and age. They were successful because of a little known provision of the New Jersey Law Against Discrimination, which makes it unlawful to refuse to contract because of age, race, national origin, disability or gender. The two anesthesiologists received a very substantial settlement after an Appellate Court reversed a grant of Summary Judgment in favor of the hospital.

DISABILITY DISCRIMINATION
A 60 year old Manager of a division of an importer suffered a stroke. While he recovered and was in a position to return to work, his employer of 10 years fired him, allegedly for poor performance. While his division lost money, the jury concluded that his stroke was a determinative factor in the employer's decision to terminate his employment because he was not fired before the stroke, but, only after the stroke. This case proves the old adage that timing is everything, and can establish that an employer's seemingly legitimate firing is pretextual. Had the employer offered the employee a reasonable severance package, reflecting his ten (10) years of service in return for a release of his claims as it should have when he was terminated, this case would have been settled without the need for a costly litigation resulting in a several hundred dollar verdict against he employer.

NATIONAL ORIGIN DISCRIMINATION
The Chief Marketing Officer of a Korean manufacturer of telephone equipment, who had been with the Company for many years and received numerous outstanding performance reviews and awards, was passed over for the position of Chief Operating Officer of one of the Company's major divisions. While he was employed, he asserted, through counsel, national origin discrimination. The Company investigated and although denying liability, gave him a severance package approximating two (2) years compensation, including salary, bonus, incentive compensation, health insurance benefits and a good recommendation. Good faith negotiations were promoted by a comprehensive demand letter sent to the heads of the U.S. and Korean companies. The negotiations were conducted and completed without thirty (30) days.

SHAREHOLDER DISPUTE
Deutsch Atkins, P.C. successfully defended a business owner in an action by a former investor seeking a fifty percent ownership interest in a limited liability company that they were found to have abandoned when they did not perform their contractual obligation under the investment agreement. On appeal Deutsch Atkins, P.C. successfully argued that despite a finding that plaintiffs had abandoned the limited liability company and the investment agreement, that defendants were entitled to counsel fees pursuant to a prevailing party clause contained in the investment agreement. A copy of the Appellate Division's decision is available at http://lawlibrary.rutgers.edu/courts/appellate/a4526-05.opn.html.