Hanan Isaacs Represents New Mom, Rated Stellar Employee, Fired for Taking Maternity Leave
For more information contact:
Katherine Kish (609) 799-8898
NEWS-For Immediate Release
Kingston Attorney Hanan M. Isaacs Takes On Significant Employment Discrimination Case
Kingston, NJ (May 16, 2005) - Kingston attorney Hanan M. Isaacs has filed a major civil rights suit that goes to the heart of society's legal protection for newborns and their parents, rights employers are responsible to uphold. The case, Nita Wright v. RCN Telecom Services, Inc., was filed in the Superior Court of New Jersey, Law Division, Mercer County, on May 3, 2005, Docket No. MER-L-1209-05. Ms. Wright, the plaintiff, is a former senior manager for RCN, a national cable company headquartered in Kingston, New Jersey. This suit follows a nationally significant employment discrimination case that Mr. Isaacs successfully prosecuted against the Federal Aviation Administration, which settled in November of 2004.
The facts of Nita Wright's case are these: Ms. Wright had excellent reviews as Senior Manager of Advertising and Marketing for RCN. While Ms. Wright was out on maternity leave in the fall of 2004, and had given birth to a baby girl, her boss advised her that her job had been "eliminated". In fact, RCN transferred 100% of Ms. Wright's existing job to Ms. Wright's back-up employee; then, unbeknownst to Ms. Wright at the time, created a "new" job posted on the RCN intranet; and filled the job with the back-up employee. Ms. Wright would have been the logical candidate for the "new" position.
According to Attorney Isaacs, "This case stands for the important proposition that management simply cannot discriminate against employees while on family or medical leave, nor can managers play a shell game with employees' jobs. We will prove at trial that RCN violated these basic principles, thereby damaging our client severely." Explains Isaacs, "Since Nita was eminently qualified to perform the
responsibilities of both the 'old' and 'new' jobs, RCN had a duty to advise our client of the opportunity to bid on the new job. In addition, RCN intentionally retaliated against Ms. Wright for exercising her family and medical leave rights under state and federal law."
Apart from the usual types of pretrial information exchange, Mr. Isaacs will seek relevant electronic records from RCN, to track RCN's employment decisions in this case. Says Isaacs, "Much like the Enron case and others in the news, the e-mail trail will make or break this case. We have put RCN on notice that it must protect electronic data that will help prove Ms. Wright's case. We have hired P.G. Lewis & Associates, LLC, a national data forensics firm, to make certain that RCN does what the law requires: turn over relevant and admissible data." Isaacs continues, "If something is missing that should be there, we will know about it and so will the Court."
Ms. Wright will show that not only did RCN violate federal law; it violated New Jersey's law as well. The First Count has been filed under the Federal Family and Medical Leave Act, 29 U.S.C. § 2601, et seq., the Second Count under the New Jersey Family Leave Act, N.J.S.A. § 34:22B-1, et seq., and the Third Count alleges a violation of "a clear mandate of public policy". All of the Counts demand judgment in favor of Nita Wright and against RCN as follows:
A. For unliquidated compensatory damages;
B. For punitive damages;
C. For back pay, plus lost interest on back pay;
D. For front pay; and
E. For counsel fees and costs of suit.
About Hanan M. Isaacs
Hanan M. Isaacs is a Past President of the NJ Association of Professional Mediators and Past Chairman of the Dispute Resolution Section of the NJ State Bar. He served on the New Jersey Supreme Court's Complementary Dispute Resolution Committee and is a Master of two Inns of Court: The Justice
Marie L. Garibaldi American ADR Inn of Court and the Mercer County American Inn of Court. Recognized by the NJ State Bar Association as "ADR Practitioner of 1999-2000" and "General Practitioner of 1994", Mr. Isaacs is a frequent journal author, multi-media contributor, and public speaker. He is a former Adjunct Professor at Seton Hall Law School and Rider University
