THE NEW YORK EMPLOYEE ADVOCATE NELANational Employment Lawyers Association/New York • Advocates for Employee Rights VOLUME 11, NO. 7 December 2003 Jonathan Ben-Asher, Editor Members to Vote in NELA Board Elections Filings, Trials and Settlements This fall, the NELA/NY Board of NELA/NY’s Executive Director, Shelley Directors revised NELA/NY’s Bylaws to Leinheardt, on or before December 5, In this column, we publish cases provide that the membership will vote to 2004. which NELA/NY members have fill two vacant seats on the Board each Statements in support of a candidate recently filed, tried or settled. Please year. The new procedures go into effect will be provided to each member either send information on your cases to this year, for the election of the 2004 electronically or in hard copy. In addi- Jonathan Ben-Asher at jb-a@bmbf. Board. tion, on December 10 we are holding an com. Please include the parties, Up to now, members of NELA New Open Membership Meeting, during which court, counsel for both sides, a short York’s Board of Directors have been candidates can discuss their interests and description of the underlying facts elected each December, by the current views. (6:00 p.m., at the office of Bern- and issues, and anything else which Board. In 2001, the Board revised the stein, Litowitz, Berger & Grossman, 1285 you think your colleagues would Bylaws so that Board members may only Avenue of the Americas). find particularly tantalizing. serve for five consecutive years. To put No later than December 22, 2003, Shel- Unfortunately, we have had only that change into effect, several Board ley will be sending to each member, by a few submissions for this issue. members have been ‘retiring’ off the mail or e-mail, an election ballot and Rather than concluding that NELA Board each year, in order of seniority, to instructions for voting. Members may members have stopped filing, allow for the election of NELA/NY mem- vote for up to two separate candidates for settling or winning cases, we will bers who are new to the Board. As a the Board. Ballots must be returned to assume they are feeling uncharac- result, three members of the current Board Shelley no later than January 6, 2004, in teristically shy about letting their are finishing their first year of service, order to be counted. colleagues know about their achieve- and three are finishing their second. The two candidates with the highest ments, and that this will pass in time In October, in the hope of making the number of votes will be deemed elected for our next issue. Board more inclusive, the Board of Direc- to the Board, as long as twenty-five per Bob Herbst of Beldock Levine tors approved a changed in the Bylaws cent of the membership has returned valid & Hoffman reports success in two under which two Board members will be ballots. If less than two candidates are unusual cases. In one, he settled a elected each year by the membership of popularly elected, the Board, at the Annu- single plaintiff age discrimination NELA/New York. This is how the elec- al Meeting, may choose one or more of case against Fleet Bank, on appeal, tions will work: the unsuccessful candidates to fill a seat for $1.67 million. Bob tried the case Sixty days before the Board’s Annual on the Board. Candidates who unsuc- for five weeks in New Jersey Supe- Meeting, all NELA/NY members will be cessfully sought election by the mem- rior Court (Bergen County), on asked to submit nominations for popular bership may also submit their names to behalf of a branch manager who was election; this letter went out to member- the Board for election by the Board. The terminated for age-related reasons. ship in mid November. Members may Board will meet on January 21, 2004, to The jury awarded her $1 million, either nominate themselves or nominate complete elections for the 2004 Board. and prejudgment interest and attor- another member in good standing. All We hope each of you will join in par- neys fees resulted in a judgment for nominations must be accompanied by a ticipating in the elections, and help make $1.73 million. O’Shea v. Summit statement in support of the candidate, NELA/NY a better and more vigorous Bancorp which should be no more than 600 words. advocate for employee rights. We wel- The plaintiff was terminated at Nominations and statements in support come your contributions the age of 52, after working her way of nominations must be received by the See FILINGS, page 11 A Word from Your The NELA/NY Publisher Calendar of Events The New York Employee Advocate is published quarterly by the National Employ- December 16 • 6:30 – 9:00 p.m. January 21 • 6:00 p.m. ment Lawyers Association, New York HOLIDAY PARTY Board of Directors Meeting Chapter, NELA/NY, 3 Park Ave., 29th Floor, Malika Restaurant Completion of Board Elections New York, New York 10016. (212) 317- 210 East 43rd Street Outten & Golden 2291. E-mail: nelany@nelanycom. Unso- (between 2nd and 3rd Avenues) 3 Park Avenue – 29th floor licited articles and letters are welcome but $25 per person includes open bar and cannot be returned. Published articles do buffet dinner. Attorneys in practice February 25 • 6:30 not necessarily reflect the opinion of five years or less are guests of NELA Board of Directors Meeting NELA/NY or its Board of Directors, as the RSVP to Shelley Leinheardt. 3 Park Avenue – 29th floor expression of opinion by all NELA/NY members through this Newsletter is encour- January 7 • 6:30 p.m. March 3 aged. © 2003 National Employment NELA NITE NELA Nite Lawyers Association/New York Inc. Topic: To be announced Sex Harassment Items for the calendar may be submitted Presented by the Sex Discrimination by calling Shelley Leinheardt: and Sexual Harassment Committee April 30 Upstate Regional Conference (212) 317-2291 Outten & Golden Fax: (212) 977-4005 3 Park Avenue – 29th floor Doubletree Hotel Syracuse, New York 3 Park Avenue, 29th Floor New York, NY 10016 January 15 • 5:30 p.m. E-mail: [email protected] Judicial Reception May 7 Southern District of New York NELA/NY Spring Conference Editor: Jonathan Ben-Asher Yale Club of New York 500 Pearl Street – 8th floor Executive Board of NELA/NY: Food and drink Herbert Eisenberg (President), Arnold H. Pedowitz (Vice President) Robert M. Rosen (Vice President) William D. Frumkin (Secretary) Pearl Zuchlewski (Secretary) Adam T. Klein (Treasurer) Lee F. Bantle, Jonathan Ben-Asher, Anne Talk to a Judge without Saying “Pretext”: L. Clark, Ronald G. Dunn, Catherine K. Ruckelshaus, Darnley D. Stewart, Robert NELA/NY will hold its second reception for the judiciary on January 15, at the H. Stroup and Philip E. Taubman federal courthouse at 500 Pearl Street in Manhattan. The reception will honor judges Executive Director: Shelley Leinheardt who have given their time to speak at NELA conferences over the years. As of this printing, eight judges are expected to attend. They are: Magistrate-Judge Ronald L. Ellis, SDNY Judge Frederic Block, EDNY Advertise in the Judge Denny Chin, SDNY New York Employee Advocate Judge Denise L. Cote, SDNY Magistrate-Judge Steven M. Gold, EDNY Call Shelley for advertising information at (212) 317-2291. The following is our rate Magistrate-Judge Viktor V. Pohorelsky, EDNY schedule: Judge Sidney H. Stein, SDNY Full Page: $250.00 Judge Shira A. Scheindlin, SDNY Half Page: $150.00 This is a chance to chat informally with members of the bench who are partic- Quarter Page: $80.00 ularly interested in employment law issues, and who have indicated their interest Eighth Page: $45.00 in talking with us. Food and drinks will be served. The reception begins at 5:30. Advertising in our Classified Section is only $25.00 for 6 lines, plus $5.00 for each additional line. 2 President’s Column by Herb Eisenberg, President, NELA/NY In considering what to write for this of those who would otherwise discrimi- Through our judiciary committee, we have column, my thoughts first leaned toward nate but for fear of enforcement of the reached out to the courts, and through our the state of our country—the terrible laws. When we seek to enforce the law, speakers bureau, to other advocacy situation in Iraq, the untold suffering of we act patriotically. That we derive per- groups, to better educate them about the so many here in the United States with sonal satisfaction in seeking justice for work that we do. the economy weak and so many unem- those who have been unlawfully treated, NELA lawyers have set a standard. We ployed, tax breaks for the wealthy and the and that we are able to earn a living doing educate our membership through our con- curtailment of services for those with lim- so, is a wonderful thing. ferences. In litigation, we show the judi- ited means and less privilege. I thought The founder of NELA, Paul Tobias, ciary and the defense bar that there are about the parallels between our struggles has said that with the talents and assets of plaintiffs' employment lawyers who know with opponents in litigation as employ- all NELA members combined, we now what they are doing and can make their ment lawyers and issues that have arisen have the world's largest plaintiffs' employ- clients pay big verdicts and large attorneys' in the Bush administration. ment law firm in the country. Being a fee awards. Our successful law practices The administration’s stalling with NELA member means being able to call have, in turn, made it easier for everyone regard to the 9/11 Commission’s request a colleague at any time, at any place, for else who practices in this area.