Our Sister Firm, Fine, Olin & Anderman, Wins Discrimination Suit Against Verizon

Our Sister Firm, Fine, Olin & Anderman, Wins Discrimination Suit Against Verizon

Posted on November 16, 2010 by Finkelstein & Partners

When a worker suffers an injury on the job, they need to worry about getting better, not whether or not they’ll have a job to return to after their recovery — and they certainly don’t need, or expect, to be disciplined after a workplace accident. That was the case argued, and won, recently by Finkelstein & Partner’s sister firm, Fine, Olin & Anderman (FOA) LLPon behalf of a number of affected Verizon employees.

FOA, which represents union members and their families, filed a discrimination lawsuit when they learned that many of their workers’ compensation clients employed by Verizon were disciplined for having a work place accident.

“We believed that Verizon’s actions violated the law, and their employee’s rights, as their policy discriminated against people who had work place accidents,” said FOA attorney Vincent Rossillo.  “The cause of the accident didn’t matter.  People were disciplined, even if the accident wasn’t their fault.  As a result of this policy, workers have been suspended without pay, sent to ‘safety school,’ written up, or given warnings,” continued Rossillo. “The company is worried about their bottom line, not the well-being of their employees.”

As stated in the case, Verizon employees have been reporting fewer work place accidents because of the discriminatory policy.Rather than subjecting themselves to discipline, employees are simply not reporting the accidents and are shifting the medical costs to their private health insurance.  By under-reporting accidents, Verizon’s workers’ compensation insurance  costs will decrease  while the cost of private health insurance premiums will rise.

“This is likely what Verizon hoped would happen when they implemented their policy,” argued Rossillo.  “If the company’s workers’ compensation costs decrease while the costs of private health insurance increase, the company can use that to their advantage against the union when negotiating the next contract.”

The lawsuit noted that Verizon’s new policy only affected those workers who had work place accidents.  If an employee was injured at home or off the job, no disciplinary action was taken. In addition, workers were disciplined regardless of fault. The simple fact that an accident occurred on the job was cause for disciplinary action.

The FOA team argued that the Workers’ Compensation Law specifically prohibits an employer from discriminating against employees who have work place accidents. This section of the law was created to prevent employers from taking any action that would harm or intimidate an employee because they filed or intended to file a Workers Compensation claim.

As a result of their findings, FOA filed discrimination complaints on behalf of numerous clients.  Two cases have gone to trial and in both cases, the Workers’ Compensation Law Judge determined that Verizon had violated the law. In one of the cases, the Law Judge noted that Verizon was clearly not disciplining employees for working in an unsafe manner, but rather was disciplining the employee for simply being involved in a workplace accident.  Back pay was awarded to the employee who had been suspended. In another case where the employee was sent to safety school with no loss of pay, Verizon was fined the maximum amount under the law.

“While these favorable decisions are subject to appeal, the initial decisions are encouraging for protecting the rights of workers,” remarked Rossillo.  “If Verizon continues to lose these cases and has to pay fines, back pay, and lawyers’ fees, and starts to feel the affect on their bottom line, maybe they’ll  reconsider their policy. In the meantime, we’ll continue to fight for the rights of our clients,” added Rossillo.

If you or a co-worker have been unfairly disciplined for having a work place accident, contact Fine, Olin & Anderman (FOA) and your local union office. FOA will review your claim to determine if you meet the criteria.  You should be aware that there are very strict time limitations in which to file a workers compensation and discrimination claims.  If you do not file a claim timely, you may be forever barred from doing so.

http://lawampm.com/blog/ny-personal-injury-blog/2010/11/16/our-sister-firm-fine-olin-anderman-wins-discrimination-suit-against-verizon/

As Verizon would say: Making Progress Every Day!

“The only thing necessary for evil to triumph is for good men to do nothing.”
Edmund Burke

Neal W. Dias
774-627-4218
Fightingfor7years@hotmail.com
Justicefor7@yahoo.com

My Blog Page:
Blog Address (GOOGLE): Bullying at Verizon – Enough is Enough

Facebook:
• Justice at Verizon
• Enough is Enough – Stop Workplace Bullying

My Story:

https://justiceatverizon.wordpress.com/2012/05/05/bullying-at-verizon/

https://justiceatverizon.wordpress.com/2012/06/24/unjustice-at-verizon-and-the-massachusetts-commission-against-discrimination/

Huffington Post Article:

Title: Verizon: Plenty Of Good Middle Class Jobs But Would You Want To Work There?
http://jobs.aol.com/articles/2012/09/14/verizon-plenty-of-good-middle-class-jobs-but-would-you-want-to/

My Press Releases:

My Speeches:
Healthy Workplace Bill Press Conference in Boston Massachusetts July 7, 2012 (Video):
http://www.youtube.com/watch?v=85HKgP-dfyI

Healthy Workplace Bill Press Conference in New York April 30, 2012 (Video): http://www.youtube.com/watch?v=W6pPe2gqGRI&feature=share

Civil Rights and Anti-Bullying Leadership Summit in Hartford Connecticut at the Legislators Building, August 9, 2012
**(Neal W. Dias – fast forward to 02:41:56 – 02:56:09)**
http://ct-n.com/ondemand.asp?ID=8061

National Workplace Bullying Press Conference in Washington DC October 15th 2012
http://www.workplacebullying.org/freedom-week/freedom-week-wbi/

http://www.workplacebullying.org/2012/10/11/fw-npc/

http://uspolitics.einnews.com/pr_news/118659159/national-leaders-support-freedom-from-workplace-bullies-week-mary-kay-henry-seiu-hilary-o-shelton-naacp-mg-taguba-ppalm

Newspaper Article About Me:

Healthy Workplace Bill Press Conference in New York April 30, 2012 (Newspaper Article):
http://blog.timesunion.com/capitol/archives/128768/savino-englebright-push-bill-to-fight-workplace-bullying/

Legislative Gazette May 7, 2012
http://www.legislativegazette.com/Articles-Top-Stories-c-2012-05-07-81658.113122-Bill-protects-employees-from-workplace-bullying.html

Story on the Massachusetts Healthy Workplace web site June 11, 2012:
http://www.mahealthyworkplace.com/workplace/neal.html

Civil Rights and Anti-Bullying Leadership Summit in Hartford Connecticut at the Legislators Building, August 9, 2012 (Flyer)
http://www.ct.gov/chro/lib/chro/2012_Summit_Details_and_Information.pdf

Press Release Distribution October 11, 2012
http://www.prlog.org/11997573-national-leaders-support-freedom-from-workplace-bullies-week.html

News Blaze October 12, 2012
http://newsblaze.com/story/2012101205010600002.pnw/topstory.html

ABC Channel 13 / WE-SET TV The Heart of Virginia October 15, 2012
http://www.wset.com/story/19802884/national-leaders-support-freedom-from-workplace-bullies-week-mary-kay-henry-seiu-hilary-o-shelton-naacp-mg-taguba-ppalm

24/7 Press Releases October 13, 2012
http://www.24-7pressrelease.com/press-release-rss/national-leaders-support-quotfreedom-from-workplace-bullies-weekquot-308871.php

U.S. Politics Today October 15, 2012
http://uspolitics.einnews.com/pr_news/118659159/national-leaders-support-freedom-from-workplace-bullies-week-mary-kay-henry-seiu-hilary-o-shelton-naacp-mg-taguba-ppalm

PETITIONS:

Bullying at Verizon – Enough is Enough / Petition:
http://signon.org/sign/bullying-at-verizon-enough?source=c.em.cp&r_by=4096164
Enough is Enough – Stop Workplace Bullying / National Petition:
http://signon.org/sign/enough-is-enough-stop-1?source=c.url&r_by=4521742

Healthy Workplace Bill:
Healthy Workplace National Bill page: http://www.healthyworkplacebill.org/

o PLEASE, click on this link above, then get into you specific state. Once you are in the state of your choice, Click on to your state, and you will see the: “HWCE-Z Letter E-Mailing Tool,” will be right on that page. It will only take one minute as it will allow your state legislators know instantly that you are in support on this “Healthy Workplace Bill.”
Workplace Bullying Institute (WBI) / Unlimited Resources

http://www.workplacebullying.org/

Undercover Lawyer / State Law Resources for Hostile Work Environment

http://www.undercoverlawyer.com/state-law-resources/

Oprah (On Workplace Bullying):

http://www.oprah.com/health/Workplace-Bullying-Linked-with-Lack-of-Sleep

National Workplace Bullying Attorney – Carol Ryder:
Attorney Carol Ryder from New York, NY.

http://carolryderlaw.com/100301.html

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About justiceatverizon

Neal W. Dias – Bio I am a 46 year old former U.S. Marine, who was brought up by my father, due to my mother passing away when I was 8 years old. I have five children, and a grandchild and a wonderful wife. I was born in 1965, in Fall River Massachusetts. I lived on the 2nd floor from my Grandmother. I come from a very large family Cape Verdean family. In 1973 we moved from the city, into the suburban neighborhood, a place called Swansea. It was that year when I lost my mother in an auto mobile accident. In 1984 I went into the U.S. Marines which enforced respect for one self and our Nation. After getting out of the Marines, I furthered my education and received my first degree, which was in Electrical Technology. In 1997 I was hired by Nynex (now called Verizon), as a lineman. In 2004 I was promoted to manager as I was in the process of working on my second degree in Business Management and advanced to upper management, rapidly. I was a valued leader on the Verizon Diversity Committee, and spoke at several locations. I was on the Diversity committee and was directly responsible for ensure the first ever Verizon’s Diversity Week went on without any hitches. I was awarded for my success in New York by the Verizon New England President. I was apart of other specialized organizations within Verizon to ensure my voice was heard as I stood up against Bullying, Harassment, Racism and Discrimination was not accepted with the Verizon walls. But it was in 2004 when I was promoted, I began to see Verizon employees getting bullied and tormented by Verizon Management. I did what I through was best, and tried to halt the bullying that was taking place at Verizon, then it shifted to me. After standing up against the powers to be, trying to help others I was targeted, harassed, bullied, discriminated against, endured racial harassment and eventually wrongfully terminated. I was brought up with the belief of how you treat people, is how you will be treated. It was embedded into my mind that respect was how it will be in my family. My father said, “Respect people, work hard and life will treat you kind.” This was the belief of a man who was discriminated against for so many years, because of his color, but never changed his values. I knew then, I cannot walk away like so many others that have had to endure such cruelty, and that this bullying issue is larger than me. After seven and a half years my story is still is not over as I am still in federal court in Boston Massachusetts awaiting the second summary of judgment decision. I will continue to fight for justice and my honor. I now have committed my life to help others, and started a blog page which has acquired over 13,000 readings and over 1,500 comments in only a few months. After hearing all these stories, I knew I had to do something and became an advocate for workplace bulling. This is when I stumbled upon “New York Healthy Workplace Advocates.” On April 30, 2012 I was honored to have spoken in Albany New York at the Capital a National Campaign on Workplace Bullying. I am an active Advocate to this cause, in Massachusetts. I have helped to organize many in the fight against Verizon and other companies in the war against bullying in corporate America. I have helped to guide so many to resources to guide these victims in the fight against any form of harassment or discrimination in the workplace, as this is my mission. Neal W. Dias 645 Marvel Street Swansea, MA. 02777 774-319-3931 Fightingfor7years@hotmail.com Healthy Workplace Bill Press Conference in New York April 30, 2012 (Video): http://www.youtube.com/watch?v=W6pPe2gqGRI&feature=share Healthy Workplace Bill Press Conference in New York April 30, 2012 (Newspaper Article): http://blog.timesunion.com/capitol/archives/128768/savino-englebright-push-bill-to-fight-workplace-bullying/
This entry was posted in Anti Bullying, bULLYING, Code of Ethics for Business, Conspiracy, Discrimination, Emotional Trauma, Employment Attorneys, Enough is Enough, Enough is Enough - Stop Workplace Bullying, Harassment, Healthy Workplace, Healthy Workplace Bill, Justice, Justice at Verizon, MCAD, Perjury, Petition, Racism, Tampering with Evidence, The Healthy Workplace Bill, The Massachusetts Commission against Discrimination, U.S. EEOC, U.S. Equal Employment Opportunity Commission, U.S. Justice Department, Uncategorized, Verizon, Verizon Anti Bullying, Verizon Careers, Verizon Code of Conduct, Verizon Comminication Inc, Verizon Communications, Verizon Complaint Handling, Verizon Corporate Security, Verizon EEO, Verizon Employee Code of Conduct, Verizon Enterprise Solutions Code of Conduct, Verizon Mission Statement, Verizon Official Site, Verizon Privacy, Verizon Wireless, Verizon Wireless Code of Conduct, verizon workplace lawsuit, verizon workplace lawsuits, Wrongful Termination and tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

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