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Recent Victories: 2004 - Present
FAILURE TO PROMOTE
AB consulted with Mr. Nardo after he was denied a promotion by his employer, a Federal Agency. After a process of discovery, the case was tried before an Administrative Judge (AJ) for the Equal Employment Opportunity Commission. During trial, witnesses were examined and cross-examined by both sides. On July 15, 2004, the AJ ruled in favor of AB. The AJ granted AB his promotion with retroactive backpay and compensatory damages for his pain and suffering. He also awarded counsel fees to Mr. Nardo for his successful advocacy and representation.
LONG-TERM DISABILITY
CD was seriously injured. He collected long-term disability benefits for several years, and then was cut off. His employer’s Disability Committee claimed that CD was not “disabled” under the policy because he could perform “sedentary” work, despite his debilitating back injury. CD was compelled to arbitrate his claim for disability.
At arbitration, CD had to prove that the decision of the Disability Committee was “arbitrary and capricious” under the Employment Retirement Income Security Act - one of the highest standards of proof for an employee to meet. In 2004, The arbitrator heard the evidence from both parties and awarded full long term disability benefits to CD, both retroactively and prospectively.
EF was seriously injured and disabled. He collected long-term disability benefits and was cut off by his employer’s Disability Committee. He filed a complaint in Federal Court, and both sides moved for summary judgment. The District Court remanded the case back to The Disability Committee and awarded counsel fees to Raymond Nardo for his successful representation. The case ultimately settled.
HARASSMENT AND RETALIATION
GH worked for a financial institution. She complained about sexual harassment by her then-supervisor. She then experienced retaliation which culminated in her constructive termination. She filed a charge of discrimination at the EEOC. After a finding of “no probable cause,” Mr. Nardo filed a complaint in Federal Court on her behalf. The case was ultimately tried to a jury, over a course of several weeks. On June 6, 2006, the jury returned a verdict for the plaintiff on her retaliation claim. After post-trial motions, the award exceeded $400,000, including pre-judgment interest and counsel fees.
UNLAWFUL TERMINATION
IJ worked in a private school and had tenure. Despite this, she was terminated. The District claimed she had no tenure due to her position as a tenured teacher.
Mr. Nardo filed an Article 78 petition in the Supreme Court of the State of New York. On March 26, 2007, the Supreme Court Justice held that IJ should be reinstated. Today, she is back at work at the private school that unlawfully tried to terminate her.
PREGNANCY DISCRIMINATION
KL worked for a dentist for less than one year. She was terminated approximately 10 days after she advised her employer that she was pregnant. She filed a charge of discrimination at the New York State Division of Human Rights (NYSDHR), which issued “probable cause” and set the matter down for a hearing. After nearly a dozen witnesses were examined and cross-examined, on June 29, 2007, the NYSHDR on issued an award to KL totaling more than $100,000.
Read: Notice and Final Order (pdf)
PREGNANCY AND DISABILITY DISCRIMINATION
MN was employed by a prominent law firm in New York. She had prior experience as a legal secretary. She performed her work in a satisfactory fashion and received a bonus at the Company’s Christmas party. However, when MN told her supervisors that she could no longer travel to attend IME’s because she was pregnant, and her pregnancy was high risk because she had diabetes, she was told to look for employment elsewhere. The next month, MN called in sick to work due to recurrent bronchitis; she was fired the next day. She later was prescribed medication due to the anxiety and distress she suffered.
On April 8, 2008, the Administrative Law Judge for the New York State Division of Human Rights awarded backpay in the amount of $28,542, COBRA expenses in the amount of $6,000, and compensatory damages in the amount of $50,000 for a total award of $84,542.
Read: Notice and Final Order (pdf)
WHISTLEBLOWER
Mr. Nardo represented four employees who brought a qui tam whistleblower case against a major defense contractor. The case was settled on August 18, 2008, for an amount in excess of $4 million.
