Notable Cases
Charny secures a $3.5 million jury verdict for 280 New York home health care aides, recovering unpaid overtime and wage-notice damages and holding the company’s owner personally liable.
In a stunning recovery for 280 home health care aides working for Affiliated Care and its principal Barbara Kessman, a Federal District Court jury returned a verdict totaling $3,509,762.12.
The group of New York State home health care aides were granted unpaid overtime and damages for their employer’s failure to comply with New York’s wage notice and wage statement requirements. Post-trial motions will include the addition of attorneys fees and costs and interest, which is likely to bring the total judgment in excess of $5 million.
In addition, the jury found that the owner of the Company was personally liable for the damages given her complete control over the company. Charny states about the verdict: “I am thrilled at this result, and so proud of the brave home health care aides who came to court and told the truth to this jury. It’s been a long haul, with the company and defendant Kessman fighting us each step of the way. But the jury saw through the defendants’ defenses and gave the plaintiffs an absolute and total victory.”
Wheeler secures complete exoneration for direct care aide in NY Justice Center charge of Category 2 Abuse and Neglect.
Client is charged with serious “Category 2” neglect based on a disabled person’s wheelchair not being properly secured in a transportation van. After evidentiary hearing, the charges are dismissed entirely as unfounded and unsubstantiated, determining that it was the facility’s fault, not the Client’s fault.
Cronen secures appellate order upholding arbitrability of union’s dispute with Town of Clarkstown
Union members filed grievances claiming Town of Clarkstown violated collective bargaining agreement procedures for filling a vacancy. Trial court denied their petition to prevent arbitration and the Town appealed. The Appellate Division affirmed the decision in light of New York’s strong public policy favoring arbitration of public-sector labor disputes.
Wheeler secures complete exoneration for CNA accused of abuse/neglect.
In a proceeding alleging that our client violated section 2803-d of the Public Health Law, the Administrative Law Judge accepted our theory that the petitioner did not engage in conduct likely to cause harm to a patient and held that the State had failed to establish a violation of the statute.
Wheeler successfully overturns discharge and secures reinstatement and full back pay
In a significant victory, Wheeler argued that this direct care aid had complied with all protocols and best practices and could be terminated from employment because an individual wanders off the program floor. After extensive hearings, the Arbitrator found that just cause did not exist for the termination based upon the client’s obligation to maintain line of sight supervision of seven individuals in her care, the fact that an individual with a less stringent level of supervision attempted to leave the program did not constitute negligence. Client is awarded full back pay, lost seniority and reinstatement.
Cronen secures four years of out-of-title compensation for Village of Spring Valley Auto Mechanic
Village of Spring Valley Auto Mechanic is assigned to work without supervisor for years and brings a Civil Service Law out of title claim for the difference in pay between his title (Assistant Auto Mechanic) and the supervisory title (Auto Mechanic I). Arbitrator awards full back pay for the entire time covering the difference in pay (expected to be in excess of $22,000)
Wheeler wins complete exoneration, reinstatement and backpay for direct care aid accused of neglect
The Arbitrator sustained the grievance challenging the termination of a direct support professional. The Arbitrator held that the State failed to establish that the grievant committed abuse or neglect or otherwise engaged in misconduct. The grievant was reinstated and made whole for all loss.
Court denies motion to dismiss Human Rights Law claims alleging discrimination based on prior criminal conviction
In an action under Section 296(15) of the New York Human Rights Law, which prohibits adverse employment action on the basis of an applicant’s prior criminal conviction, the defendant employer moved to dismiss the complaint. The Supreme Court, Dutchess County, denied defendants’ motion in all respects, holding as a matter of first impression that the exceptions articulated by the Corrections Law must be affirmative defenses to be asserted by an employer and need not be plead by a plaintiff contesting his termination.
Court grants Cronen’s motion and holds noncompete clause was not enforceable under New York law
After being accused of employment discrimination, a dermatology office brought claims against the former employee accusing her of violating a covenant not to compete by working in another dermatology office. The motion court granted Cronen’s motion for summary judgment, holding the noncompete “void and unenforceable” under New York law
Cronen defeats motion for summary judgment in First Amendment free-speech case
Municipal employee brought lawsuit alleging the City of Peekskill disciplined him for discussing politics and criticizing the then-mayor on social media. The city moved for summary judgment to dismiss the case, claiming, among other things, the speech was not protected. The federal court held that the speech was protected by the first amendment and denied the city’s attempt to deny our client his day in court.
Wheeler wins appeal securing reinstatement of improperly terminated City Employee
The Appellate Division directed reinstatement of a senior cashier terminated in violation of Civil Service Law section 75. The Court agreed with the firm’s argument that the appointing authority’s “extensive personal involvement in the alleged misconduct underlying the charges [and] involvement in bringing charges” required her recusal from the decision-making process and that her failure to do so required a new hearing and determination.
Charny secures big win for Rockland County’s “working retirees.”
In an Award that notes the “absurdity” of Rockland County’s arguments as well as the years of “false statements” made by the County, Charny and CSEA Local 1000 secure big win for Rockland County’s “working retirees.” The Decision and Award by Arbitrator John Sands provides comprehensive damages, including retroactive holiday and leave pay as well as retroactive benefits all back to January 1, 2013.
Federal district court judge praises Charny’s trial performance
"The Court presided over this trial and believes Charny's performance, clearly a result of his years of experience and trial expertise, played a critical role in Plaintiff's success." (Filed 03/05/19)
Charny & Wheeler P.C. secures condicional class certification of overtime claims for all drivers at A2B Taxi for the last three years
Court orders notice be sent to "All drivers employed by Defendants [A2B Taxi LLC, Everald Gilliard and Trevonne Gilliard during the period of three (3) years prior to issuance of the Notice, and who consent to file a claim to recover damages for overtime compensation."
Wheeler secures federal jury trial for Rockland county probation department empleoyees’ claim of first amendment retaliation in the workplace
“[A] reasonable jury could conclude that the issuance of the Memorandum of Warning— particularly when considered in the context of Tower-Bernstein’s mandatory meetings and the County’s subsequent refusal to rescind the Memorandum — constituted an adverse employment action.”
“When I called Mr. Charny regarding my employment dilemma, hearing the urgency of my concerns, he fit me into his tight schedule on the same day. Mr. Charny listened patiently and attentively to my detailed description of events, took several pages of notes, and asked relevant questions for clarification. After allowing me time to process my options, Mr. Charny acted promptly to notify my employer of my requests. He facilitated a smooth and expeditious resolution between my employer and me. I can breathe again! Thank you so much!”