On behalf of a client (the plaintiff), we filed a lawsuit against Short Hills Surgery Center (SHSC) in Millburn, New Jersey and its administrator, Claudette Fox, for disability discrimination,  hostile work environment and retaliation.

The Complaint filed in the Superior Court of New Jersey, alleged that the plaintiff began employment with SHSC as a human resource manager in April 2015. Subsequently, she performed well in her position, received praises in performance evaluations and was granted multiple salary increases. However, several years later, plaintiff was injured and suffered physical disabilities, including suffering from pain, for which she was prescribed pain medications.

Plaintiff alleged that the FOX was not empathetic to her medical condition and started to treat her negatively once plaintiff’s medical condition became known.

Plaintiff alleged that FOX began   to scrutinize her work performance more intensely, and made comments about her weight loss, behavior, body language as well as her work performance. Plaintiff alleged that FOX then gave her a negative performance rating.

Plaintiff alleged that one of the medications she took caused dry mouth as a side effect, and FOX falsely accused her of having a slurred speech, being drunk, or using illegal substances.

Plaintiff alleged that FOX’ harassing, demeaning, degrading, and disparaging conduct, and attitude towards her caused her to become depressed and develop anxiety, for which she was prescribed medications.

Plaintiff further alleged that one day, FOX and a nursing director barged into her office and demanded that Plaintiff   accompany them to a clinic for drug testing.

Plaintiff alleged that FOX accused her of either taking illegal drugs or was intoxicated, when in fact she was simply on prescribed medication. Plaintiff alleged that the administrator and nursing director forced her to provide a urine sample under threat of losing her job.

Plaintiff alleged that the administrator ordered her to go home after the test and not to return to work unless she tested negative for illegal substances.  Plaintiff alleged that the test was negative, but that FOX’s action was humiliating, shameful and degrading, and that because of that, she went into deeper despair and distress over her treatment.

Plaintiff alleged that when she was out on FMLA leave, no one from SHSC called, texted or email her to see how she was doing.

Plaintiff alleged that after her FMLA leave expired, she was temporarily unable to return to work due to severe emotional distress and anxiety caused by FOX and SHSC. Plaintiff requested additional time to recover mentally, but FOX and SHSC refused, and PLAINTIFF did not return to work.

Among other claims, Plaintiff alleged constructive termination. An employee may assert a claim of constructive termination where he/she is forced to resign due to compelling circumstances. That is, a constructive discharge occurs where a reasonable employee is compelled to resign due to the employer’s action.

The information provided in this article is for advertisement purposes only and no part of this article may be taken as specific legal advice. At Chatarpaul Law, our practice is focused on employment discrimination, civil rights and constitutional rights violations. You may contact us at 201-222-0123 or [email protected].