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Clifton Man Sues Oorah Inc., Kars 4 Kids Over Military-Service Duty

8/12/2013

7 Comments

 
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A Clifton man hired as a corporate lawyer has filed suit in state court claiming that he was subjected to a hostile work environment because of his military-service obligations.

Stephen Schwartz is suing a number of entities all run by the same Lakewood-based management office where, according to the lawsuit, he was hired under a two-year contract to serve as an attorney. The named defendants in the suit, filed Monday in state Superior Court in Paterson, are Oorah Inc., Kars 4 Kids and J.O.Y. For Our Youth.

Other than characterizing them as corporations conducting business within the state of New Jersey, the suit does not describe the function of any of the named entities, nor would the plaintiff's attorney explain when reached by phone what kind of work they do.

Schwartz is suing the defendants under New Jersey's Law Against Discrimination for harassment, discriminatory discharge, retaliation and breach of contract. He is seeking compensatory and punitive damages, along with attorney fees.

Schwartz was hired in September 2012 in a two-year contract "only terminable upon showing of good cause," the suit states. At all times during his employment, he was in the U.S. military service. In October 2012, the suit states, Schwartz advised the defendants' director of human resources of his status in the National Guard and his need for leave. He further told his human resources director that he would withdraw from his military enrollment if the defendants provided him with health care coverage, according to the suit.

The human resources director, the suit states, advised Schwartz that "we can't tell the CEO you're in the Army. He'll think it's disloyal. He'll be upset you didn't tell him in the interview." The human resources director further advised him that she would rather that he continue to take time off than to provide him with health insurance, but that they would revisit the issue in April 2013, the suit states.

It is unclear from the suit specifically how much time he needed for leave, and how periodically.

In April, Schwartz was called into a meeting with company CEO Alwyn Gordon and human resources Director Dina Stern. "Mr. Gordon stated to plaintiff that the defendants would have never hired plaintiff if they had known of his military service. Throughout the meeting, Mr. Gordon spoke to the plaintiff in an aggressive and degrading fashion. … Thereafter, plaintiff was treated in a hostile, intimidating and abusive fashion."

On June 25, the suit states, Gordon presented Schwartz with a paper agreement that his contract was to be terminated. Schwartz refused to sign the agreement because it removed the guaranteed time from his initial contract and essentially made him an employee at-will, the suit states.

"Plaintiff was sent home on June 27, 2013. Plaintiff has not been returned to work since June 27, 2013. Plaintiff has been terminated from his employment with defendants. A determinative and/or motivating factor in the plaintiff's discharge was his military status."

Read more at: http://www.northjersey.com/news/219084461_Clifton_man_sues_over_Guard_duty.html#sthash.2LZiVBi3.dpuf

7 Comments
lakewooder
8/12/2013 12:07:38 am

Quote "The human resources director, the suit states, advised Schwartz that "we can't tell the CEO you're in the Army. He'll think it's disloyal"
the only one being disloyal is the person making that statement. Thank GOD we have people who are willing to serve this country.

Reply
Chai
8/12/2013 09:55:30 am

If you read between the lines it sounds like the attorney was misleasding on the interview. It sdoesn't sound like he worked a day in OORah.

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A
8/12/2013 05:34:24 pm

what else is new a "Lawyer " suing - these lawsuits are only making it worse for the hard working tax payers as they hike up insurance premiums.

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Rebecca G
8/13/2013 04:32:47 am

The article is quite clear in stating that the plaintiff worked at Oorah since 9/12 and was terminated on 6/27/13. He is suing Oorah, which last I heard, has no ability to raise insurance premiums on anyone. While I agree that frivolous lawsuits waste taxpayer money, everyone should be able to have their day in court if they are mistreated and put in a situation where their ability to support their family is put into question for no substantial reason.

Reply
lakewooder
8/13/2013 09:23:32 am

I agree ! ,when discriminatory tactics are used to deny the rights of a worker THEY HAVE EVERY RIGHT TO SUE!!!

lakewooder
8/13/2013 04:40:39 am

It sure appears that he has an excellent case as he is being discriminated against because of his military status .
Quote""Mr. Gordon stated to plaintiff that the defendants would have never hired plaintiff if they had known of his military service"

Reply
payday loans link
10/11/2013 11:11:33 pm

Where much is expected from an individual, he may rise to the level of events and make the dream come true.

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