Toledo v. Department of Homeland Security (ICE), EEOC No. 510-2017-00168
Feb 23, 2017
OUTCOME: Judgment for Our Client - Lorenzo Toledo
We represent Lorenzo Toledo (the actor - see Filmography - http://www.imdb.com/name/nm2109891/ and ICE special agent) on a harassment and retaliation case. ICE exceeded the 180 day requirement to produ...ce the Report of Investigation. In a highly fought sanction's motion, we advised the Judge of the nine other cases in which Morris E. Fischer, LLC represented ICE employees and ICE blew the same deadline. The Judge granted the rare sanction of total default judgment on liability in favor of Mr. Toledo. A trial on damages is pending. I extend my deep gratitude to Mr. Toledo for entrusting my law firm with his high profile matter and I am pleased with this case result.
Employment and labor
Geib v. Peformance Food Group, United Stated District Court, District of Maryland, Case No. 13-cv-02674-GLR
Aug 08, 2016
OUTCOME: Confidential Settlement After Defendant's Summary Judgment DENIED
We represent Jason Geib, a former warehouse manager for PFG. Mr. Geib complained about the lack of promotional opportunities for women at PFG and was later terminated. PFG contended poor performance. W...e contended that PFG had a ton of management and other issues well beyond Mr. Geib's control. The EEOC issued a determination of probable cause against PFG and the EEOC brought a class action of women against PFG. U.S. Federal Judge, George L. Russell, III, denied Defendant's Motion for Summary Judgment.
Employment and labor
Lyons v. District of Columbia, U.S. District Court, District of Columbia, Case No: 1:14-cv-00278-ABJ
Aug 05, 2016
OUTCOME: Confidential Settlement Before Trial
A former fleet deputy administrator for the District of Columbia's Department of Public Works, Christopher Lyons, was terminated when he brought whistle-blower disclosures involving financial flaws and... cover-ups. Mr. Lyons, was repeatedly called, "cracker", "white boy" and other racially derogative terms. His supervisor, an African American, complained on Mr. Lyons' behalf to stop the harassment, but those complaints fell on deaf ears and the supervisor was fired as well by the Fleet management, Deputy Director. On his termination date, Mr. Lyons found a "Get Out White Boy" sign taped to the door of his office. Case made national news and among the national media outlets, was reported on the Fox national website homepage on July 31, 2015.
Discrimination
Complainant v. Social Security Administration, EEOC No. 410-2016-00297X
We represent a Social Security Administration ("SSA"), Administrative Law Judge who was investigated and had managerial duties removed because he was in a management chain, which included a supervisor ...accused of lying to an EEO investigator. SSA later dismissed all charges against our client. SSA had never before investigated an SSA employee on such charges or temporarily removed managerial duties because of this kind of allegation. A female supervisor who also was accused of lying to an EEO investigator didn't have her managerial duties removed. We moved for Summary Judgment on a retaliation claim and await the decision. SSA missed the 180 deadline to produce a Report of Investigation in our Client's case. We brought a sanction's motion that resulted in the EEOC ALJ sanctioning the Agency by requiring SSA to pay for all the discovery costs and fees. We deposed over 15 witnesses across the states of Missouri, Georgia, New York, Maryland and Virginia.
Government
Demaris Belanger v. Department of Homeland Security, M.S.P.B. Washington Regional Office, DC-0752-15-0985-I-2
Aug 01, 2016
OUTCOME: Won at Hearing- All Backpay and Attorney Fees
In an M.S.P.B. hearing win, we represented Ms. Demaris Belanger, who had her security clearance temporarily suspended for alleged improper activity. In addition to restoring her clearance, we litigated... at the M.S.P.B, contending that while Ms. Belanger’s clearance was suspended, Ms. Belanger should have continued performing her duties because Ms. Belanger’s program manager job never required a security clearance in the first place, since that job title didn’t require the routine handling of classified information. On August 1, 2016, the M.S.P.B. Administrative Law Judge ordered that DHS compensate Ms. Belanger for her lost earnings during the suspension and all attorney fees be paid.
Employment and labor
Taylor Johnson v. Department of Homeland Security, M.S.P.B, Case No: SF-0752-16-0320-I-1, Los Angeles Field Office (2015)
Jun 13, 2016
OUTCOME: Resolved
Senior Immigration and Enforcement Agent, Taylor Johnson, reported extensive abuse of the EB-5, USCIS Immigrant Investor Program with respect to the refurbishing of a Las Vegas casino, headed by an inv...estor group, represented by Rory Reid, Esq., son of U.S. Senate Minority leader, Harry Reid (D-NV). The Department of Homeland Security issued an Office of Inspector General report concluded that Reid pressured a compliant DHS official to override normal departmental procedures and rush through 230 EB-5 foreign visa applications.
The OIG report found that requests to expedite EB-5 processing are normally granted only in very rare circumstances, but in this case to save the project, after a number of phone calls with Senator Reid’s office, USCIS Director and Deputy DHS Secretary, Alejandro Mayorkas, pressured ICE officials to expedite and approve the processing.
Ms. Johnson’s reward for whistle blowing was ICE taking her weapon and ICE credentials, along with her government vehicle and access to her place of employment. In addition, the Agency issued a Proposal to Remove based upon charges that had absolutely no basis. When a social worker working with the Johnson family with respect to her adopted children contacted ICE, she was told that Ms. Johnson was terminated for a criminal offense. As a result, Ms. Johnson nearly lost her 1 year old adopted child.
On June 11, 2015, Ms. Johnson testified before the U.S. Senate Committee on Homeland Security and Governmental Affairs regarding her whistle blower matter. She retained Morris E. Fischer, Esq. and Daniel Kenney, Esq. (of counsel to Mr. Fischer’s office) to represent her before the Merit System’s Protection Board in Los Angeles, CA, where the matter was resolved to the satisfaction of the parties.
Civil rights
Deborah Jones v. Jeh Johnson, Secretary, DHS, U.S. District Court, District of Columbia, Case No: 13-1567
May 16, 2016
OUTCOME: Settlement - $100,000 and removal of damaging documents from employee personnel file
We represented Debbie Jones, a Department of Homeland Security Specialist, who after complaining of discrimination was written up for insubordination. Ms. Jones who suffered from diabetes, pulmonary em...bolism, rheumatoid arthritis and lupus, was denied a handicap parking space for a year and four months. The Agency had little to say in its dismissal motion which failed. Following discovery, case settled for $100,000 at mediation.
Wrongful termination
Czerska v. HHS, et al, U.S. District Court, District of Columbia, Case No. 15-0129
Apr 13, 2016
OUTCOME: Settlement - Full reisnstatement (retirement- with corresponding pay and benefits), $170,000, corrected employment record
We represented Dr. Ewa Czerska, a former FDA employee who after working for the Agency for 30 years, blew the whistle on waste, fraud and abuse, including the FDA purposely ignoring radiation warnings ...regarding General Electric's Healthcare unit. Matter was reported in the New York Times in March, 2010. The Agency removed Dr. Czerska in retaliation of her disclosures. Our law firm took the case over from two previous law firms.
Wrongful termination
Southard v. Wicomico County Board of Education, 1:14-cv-00323-SAG
Nov 16, 2015
OUTCOME: Defendant's Summary Judgment motion Denied, Resulting in Confidential Settlement at Mediation
Complex disability discrimination case brought under the Federal Rehabilitation Act and FMLA violations. Plaintiff, Dr. Melody Southard, was wrongfully terminated and retaliated against after she prote...sted the school's decision to no longer administer the medically recommended diet to her disabled son, a student at the school district in which she taught. A heavily fought litigation in which both sides moved for Summary Judgment. After we successfully survived the County's dismissal motion, the case resolved at mediation for a confidential settlement.
Employment and labor
Annette Bates v. Department of the Treasury, MSPB Case, Denver Field Office (October, 2015)
Oct 22, 2015
OUTCOME: The case settled a week before hearing and settlement terms included a combination of $190,000 for back pay, compensatory damages and attorney fees as well as all negative information from Ms. Bates’ personnel file removed.
After more than 30 years of successful federal service, following discrimination complaints of age and gender discrimination, our client, federal auditor, Annette Bates, was placed on a 60 day performa...nce improvement plan and despite being on that plan for only eighteen days, she was removed from the agency. Morris E. Fischer, a former staff auditor himself at Ernst & Young, prior to attending law school in the early 90s, used his unique professional experience to successfully take two critical depositions of Ms. Bates’ supervisor and director. The agency file contained thousands of auditing work papers in an attempt to hide the true nature of the alleged mistakes committed by Ms. Bates. The case further required a familiarity with the “Teammate” auditing software which we utilized.
Following the filing of a superior Pre-Trial statement which contained agency admissions revealed at depositions and the most recent M.S.P.B. case law on the significant recognized defenses to Chapter 43 Removal actions, the agency offered to settle. The case settled a week before hearing and settlement terms included a combination of $190,000 for back pay, compensatory damages and attorney fees as well as all negative information from Ms. Bates’ personnel file removed.
