Attorney Morris E Fischer's Legal Cases

Employment and labor

Crowley v. Perdue, U.S. District Court, District of Columbia, 16-cv-00498

Jul 27, 2018

OUTCOME: Summary Judgment Denied - Twice

We represent Kevin Crowley, a USDA Supervisory Information Technology Specialist. In 2008, Mr. Crowley was diagnosed with spinal stenosis and arterial insufficiency, He teleworked two days a week start ... ing in May, 2013. In January, 2015, his supervisor told him that two senior level officials opposed his telework arrangement. Crowley immediately made a formal request for accommodation and two months later he was placed on a Performance Improvement Plan, which he passed. The government moved for Summary Judgment twice and each time, U.S. District Court Judge, Amit P. Mehta denied the government's motion. The Court noted that not only did Mr. Crowley pass the PIP, he demonstrated that the PIP should have ended far earlier than it did because he was satisfying the employer's expectation of his job performance.

Employment and labor

Frances Smith v. Riderwood Village, Inc. No 2059 (Md. App., 2018)

May 01, 2018

OUTCOME: Appeal Reversal of Montgomery Circuit Court Dismissal

We represented Plaintiff, Frances Smith, an African-American woman fired by Riderwood VIII, Inc. for alleged theft, after reportedly wrapping up leftover food in violation of company policy. The Court ... of Special Appeals of Maryland reversed the lower court's dismissal of the case which held that Ms. Smith failed to properly file her discrimination complaint with the Maryland Commission on Civil Rights. The Appeals Court held that her filing more than met the statutory requirements. The case was reported in the Maryland Daily Record.

Employment and labor

Atkin v. Goldberg's New York Bagels et al, 8:15-cv-03413-GJH, U.S. District Court, District of Maryland

Jan 31, 2018

OUTCOME: We represented the Employer - Summary Judgment granted for Goldberg's Bagels

I'm a big believer in giving back to my local community. Goldberg's Bagels has been a staple of the Silver Spring, MD, business community for many years. We defended the bagel shop from an employee ove ... rtime claim that could have cost the bagel shop tens of thousands of dollars. U.S. District Court Judge, George J. Hazel, dismissed the plaintiff's claims on Summary Judgment. It was an honor to be retained by Goldberg's Bagels.

Employment and labor

Robinson v. Ergo Solutions, LLC, United States District Court, District of Columbia, 14-00379-JDB

Jan 18, 2018

OUTCOME: Defendant's Verdict - We represented the Defendant

We represented the DEFENDANT, Ergo Solutions, Inc., against a former employee who asserted a retaliation claim for filing an EEOC charge and subsequently having her telework removed. After three years ... of litigation, we obtained a DEFENDANT'S VERDICT, at the close of a three day jury trial in Washington, DC. The jury found for our client in that Ergo Solutions, Inc. had valid reasons for removing the employee's telework, completely unrelated to her EEOC claims.

Discrimination

James Crawford v. Elaine C. Duke, United States Court of Appeals for District of Columbia Circuit, 16-5063

Aug 11, 2017

OUTCOME: Court of Appeals Reversal in Part

Our office represented James Crawford, an African-American, employed by the Department of Homeland Security as a Special Security Officer in the Special Security Programs Division. We successfully appe ... aled the District Court Judge's dismissal of Mr. Crawford's claims of racial discrimination and retaliation involving a performance review with a low score of "zero" and a five day suspension. The Court of Appeals held that the Department of Homeland Security failed to provide Mr. Crawford of fair notice as to making these two claims part of his EEO formal complaint in its communications with him. The Appeals Court also held that Mr. Crawford, pro se at the time, provided enough information to the DHS EEO officer to apprise the agency of these claims. Morris E. Fischer, Esq., successfully argued the appeal on May 4, 2017.

Discrimination

Hatter v. Washington Metropolitan Area Transit Authority, U.S. District Court, DC, Case No: 1-14-cv-01470-TSC

Aug 08, 2017

OUTCOME: Summary Judgment Denied - Case Settled Confidentially Before Trial

We represented Corwin Hatter, in a disability discrimination case. Mr. Hatter applied for a WMATA bus driver position. Following a medical examination that revealed Mr. Hatter suffered from a moderate ... form of sleep apnea, a WMATA human resource's manager told him that if he had any form of sleep apnea, he could not be hired by WMATA as a bus driver. As such, Mr. Hatter did not submit his medical reports to obtain his medical certification. In denying Summary Judgment, U.S. Federal District Court Judge, Tanya S. Chutkan, rejected WMATA's argument that Mr. Hatter's failure to submit his medical reports to obtain certification caused his hiring failure. The case settled confidentially shortly before Jury Trial.

Discrimination

Royster v. Gahler, et al, United States District Court, District of Maryland, TJS-15-1843

Jul 24, 2017

OUTCOME: Summary Judgment Denied

44-year-old, Angela Royster, a Harford County sheriff’s department crime analyst manager, brought suit after former Harford County Sheriff Jesse Bane passed her over for a promotion in favor of a 23-ye ... ar-old with very little experience. After complaining about discrimination, she was then reassigned to a less favorable work location, a local detention center. There was evidence that former Police Major Christopher Swain engaged in age-related comments, demonstrating a discriminatory animus that influenced the promotion process. This included Major Swain preferring the younger candidate because of her relative youth, referring to her on several occasions as being "young and bright." He also admitted he had a "friendly" relationship with her because she was the same age as his son. In denying the Defendant's Summary Judgment motion, the Court rejected the employer's contention of Ms. Royster's alleged poor work performance, citing the lack of documentary evidence for that contention.

Employment and labor

Orlowske v. Price, United States District Court, District of Columbia, 16-cv-00383

May 22, 2017

OUTCOME: $40,000 and Two Week Suspension Removed

We represented Dale Orlowske against the U.S. Department of Health and Human Services on an age discrimination and retaliation case. Mr. Orlowske, of Linden, VA, is a GS-14 Senior Intelligence Operatio ... ns Specialist and was suspended unlawfully for two weeks for allegedly providing false information on a parking pass to a contractor-employee. We contended these charges were fabricated against Mr. Orlowske and a pretext for his age discrimination complaints. Case settled for $40,000 and the removal of the suspension after we successfully defeated the government's 20 exhibit dismissal motion.

Employment and labor

Connie Collins-Duke v. Department of Veterans Affairs, OFO Appeal No. 0120171268

May 16, 2017

OUTCOME: Office of Federal Operations Reverses Agency

We represent Connie Collins-Duke, a registered nurse at the VA medical facility in Salisbury, North Carolina. Ms. Collins-Duke's supervisor breached confidentiality by showing her discrimination compla ... int to the other unit co-workers. The Department of Veterans Affairs unlawfully dismissed her retaliation claim, contending that she didn't suffer from a hostile work environment and that the breach of confidentiality involves The Privacy Act - not an EEO retaliation claim. The Office of Federal Operations reversed the dismissal, ordered the VA to process the EEO complaint and pay all attorney fees in the EEO complaint processing.

Licensing

Client v. Department of Homeland Security

Mar 10, 2017

OUTCOME: Security Clearance Reinstated

Security clearance revoked by Agency for surfing the internet during work and among other sites frequented, lingerie football. Successfully overturned decision arguing that Client's actions were nothin ... g compared to Hillary Clinton's and she almost became president.

Morris E Fischer's Legal Cases (59)

Crowley v. Perdue, U.S. District Court, District of Columbia, 16-cv-00498

Frances Smith v. Riderwood Village, Inc. No 2059 (Md. App., 2018)

Atkin v. Goldberg's New York Bagels et al, 8:15-cv-03413-GJH, U.S. District Court, District of Maryland

Robinson v. Ergo Solutions, LLC, United States District Court, District of Columbia, 14-00379-JDB

James Crawford v. Elaine C. Duke, United States Court of Appeals for District of Columbia Circuit, 16-5063

Hatter v. Washington Metropolitan Area Transit Authority, U.S. District Court, DC, Case No: 1-14-cv-01470-TSC

Royster v. Gahler, et al, United States District Court, District of Maryland, TJS-15-1843

Orlowske v. Price, United States District Court, District of Columbia, 16-cv-00383

Connie Collins-Duke v. Department of Veterans Affairs, OFO Appeal No. 0120171268

Client v. Department of Homeland Security