Notable Cases

Notable employment law decisions obtained by Cherry Hill, NJ employment attorney Richard E. Yaskin

Yaskin has obtained several noteworthy employment law decisions:

Sunkett v. National Gypsum Co.,  Civil No. 09-721 (D.N.J.  Feb. 21, 2013)  (Obtained Reconsideration of summary judgment in disablity accommodation case, by applying employee’s burden of persuasion on “safety defense”)

McGhee v. Pathmark Stores, Inc., N.J. Super. Unpub. (Law Div., Aug. 23, 2010) (Atlantic County) (Trial Judge barred intrusive mental examinations of African American employees alleging NJ Law Against Discrimination racial harassment due to workplace nooses, with accompanying emotional distress.)

Hoag v. Brown, 397 N.J. Super. 34 (App. Div. 2007) (Prison contractor’s employee held “protected” from sexual harassment by prison guard under New Jersey Law Against Discrimination. Also, expanded negligent supervision liability and recovery for permanent psychological injuries under NJ Tort Claims Act.)

Waugh v. Pathmark Stores, Inc., 191 F.R.D. 427 (D.N.J. 2000) (Court denied attempt to expand waiver of attorney-client privilege to in-house attorney’s asserted participation in remediation of racial harassment.)

Kube v. New Penn Motor Express, 865 F. Supp. 221(D.N.J. 1994) (Denied §301 pre-emption of LAD disability accommodation claim where interpretation of collective bargaining agreement was not required to enforce a “reasonable accommodation” of a physical handicap.)

Muench v. Township of Haddon, 255 N.J. Super. 288 (App. Div. 1992) (Established sexually hostile work environment and constructive discharge based upon the non-sexual, gender-based harassment of a  female plaintiff who worked as a police dispatcher.)

Yaskin has authored NELA-NJ’s amicus curiae briefs to the New Jersey Supreme Court addressing:

  1. A public employee’s ability to obtain Civil Service Commission review of disciplinary action(s) and to also file a CEPA whistleblower retaliation lawsuit, in Winters v. North Hudson Regional Fire & Rescue,  212 N.J. 67 (2012);
  2. the privacy protections afforded to an employee’s web-based password protected e-mail communications to his attorney  while using  an employer owned laptop computer in Stengart v. Loving Care Agency, Inc, 201 N.J. 300 (2010);

Yaskin was featured October 2012 NELA-NJ Newsletter columnist – “Dr. Squibb” summarizing four essential New Jersey trial practice issues in employment cases.