Notable employment law decisions obtained by Cherry Hill, NJ employment attorney Richard E. Yaskin
Yaskin has obtained several noteworthy employment law decisions:
- McGhee v. Pathmark Stores, Inc., N.J. Super. Unpub. (Law Div., Aug. 23, 2010) (Atlantic County Trial Judge bars intrusive mental examinations of plaintiffs alleging NJ Law Against Discrimination racial harassment and emotional distress claims.)
- Hoag v. Brown, 397 N.J. Super. 34 (App.
Div. 2007) (Court reprioritized factors in determining that prison
social worker contractor’s employee could be deemed a “protected
employee” of NJ Dept. of Corrections under New Jersey Law
Against Discrimination (“LAD”); also, expanded negligent supervision
liability and the scope of causation to recover for permanent psychological
injuries under NJ Tort Claims Act).
- Waugh v. Pathmark Stores, Inc., 191
F.R.D. 427 (D.N.J. 2000) (attempt to expand waiver of attorney-client
privilege to in-house attorney's participation in remediation of
racial harassment).
- Kube v. New Penn Motor Express, 865
F. Supp. 221(D.N.J. 1994) (denying §301 pre-emption of LAD handicap
accommodation claim where collective bargaining agreement did not
define "reasonable accommodation" of a physical handicap aplied
under the LAD).
- Muench v. Township of Haddon, 255 N.J.
Super. 288 (App. Div. 1992) (establishing a sexually hostile work
environment and constructive discharge based upon gende-based
harassment engaged in because the female plaintiff sought to work
as a police dispatcher).
Yaskin has contributed to NELA-NJ's amicus curiae briefs addressing:
- Whether New Jersy Civil Service Commission's upholding
of a public employee's firing for misconduct
bars a CEPA retaliation lawsuit, where the employee claimed
he was held to a higher standard than other employees
because he engaged in protected speech critical of his
employer in Winters
v. North Hudson Regional Fire & Rescue, et. al.,
NJ Supreme Court Case No. 066968
- The privacy protections of employee-attorney e-mail communications
on an employer owned laptop computer in Stengart v.
Loving Care Agency, Inc, 201 N.J. 300 (2010);
- The doctrine of "after acquired" evidence of employee misconduct in Nicosia v. Wakefern Food Corp., 136 N.J. 401 (1994)
- The application of judicial estoppel to bar disability discrimination claims in McNemar v. Disney Stores, Inc., 91 F.3d 610 (3d Cir. 1996) cert. denied, 117 S. Ct. 958 (1997)
- The prominence and content of employee handbook disclaimers in Jackson v. Georgia-Pacific Corp., 296 N.J. Super 1 (App. Div. 1996) cert. denied, 149 N.J. 141 (1997)
Yaskin was the first private attorney to represent a State-wide class of New Jersey Social Security disability applicants who were denied benefits assertedly due to an unlawful regulation. Wilson v. Heckler, 622 F. Supp. 649 (D.N.J. 1985) (subsequent citations omitted).
As long as the world shall last, there will be wrongs, and if no man [no one] objected and no man [no one] rebelled, those wrongs would last forever.
— Clarence Darrow