TWO WOMEN WERE FOUND TO HAVE BEEN WRONGFULLY TERMINATED FOR FILING NEW YORK STATE WORKERS' COMPENSATION CASES
Jan 16, 2018OUTCOME:
Scott D. Frendel of Braunfotel & Frendel, successfully prosecuted both cases In two separate decisions filed on January 16, 2018, Workers' Compensation Law Judge Mark Oberman, found that AMA LABORAT ... ORIES, INC. located in Congers, New York discriminated against two employees and wrongfully terminated the two employees for pursuing workers' compensation claims in violation of Section 120 of the New York State Workers' Compensation Law. These two plaintiff's, Vera Jelic and Breanna Wanamaker, sustained separate work related injuries while employed with AMA LABORATORIES, INC. They both filed New York State Workers' Compensation cases and were granted benefits by the Court. Following their accidents and pursuit of New York State Workers' Compensation benefits, AMA LABORATORIES, INC. fired both employees. Ms. Jelic and Ms. Wanamaker alleged that their terminations by AMA LABORATORIES, INC. were in violation of New York State Workers' Compensation Law Section 120, which protects employees from being fired by their employer for pursuing their rights under the New York State Workers' Compensation Law. After 2 1/2 years of litigation in which both employees were represented by Scott D. Frendel, Judge Oberman, after hearing extensive testimony from Ms. Jelic and Ms. Wanamaker, as well as, several witnesses from AMA LABORATORIES, INC. found that the terminations of both women were in violation of WCL Section 120 in that said terminations were "clearly in retaliation" to them having filed claims for Workers' Compensation benefits. “I fight for the rights of injured employees and in this case, these dedicated employees were unfairly and illegally targeted by their employer for pursuing workers' compensation benefits. The reprehensible conduct that led to this determination occurred at the highest levels within AMA LABORATORIES. These two women were clearly targeted by their supervisors and the Board of AMA LABORATORIES. These women have suffered greatly from the discriminatory acts of AMA LABORATORIES and it is my hope that with this decision, people who are injured at work will not have to fear retaliatory actions by their employers for pursuing their rights under the New York State Workers' Compensation Law." said Scott D. Frendel, the attorney who represented both women in their respective cases.
