Schwartz Victorious in Appellate Court With Dismissal of Employment Lawsuit

Feb 12, 2018 in News by

By: Stefani C Schwartz, Esq.

Schwartz is Victorious, Again

For the second time in the last sixty days, employment lawyer, Stefani C Schwartz, Esq. emerged victorious with the Appellate Court affirming the trial Court’s grant of a summary judgment in a highly contested employment case. In Christine Rose v. Stone Hill Recreation Corporation, et als., Superior Court of New Jersey, Appellate Division, Docket No. A-4974-15T4, an employee of Stone Hill Corp., part of Crystal Springs Resort, brought a discrimination case in the New Jersey Superior Court under the New Jersey Law Against Discrimination (“NJLAD”) claiming she was subjected to a hostile work environment.  In order to prevail on a NJLAD claim, a plaintiff must show that the supervisor’s conduct was severe enough to create a hostile work environment for a reasonable similarly situated person.  In this case, the court found that although one incident of inappropriate language was confirmed, there was no other evidence that such a remark created a hostile work environment.  The court noted that the remarks were not aimed at the employee and were not repeated at any other time.  The court also found that there was no retaliation, as the person who terminated the employee had no knowledge of the complaint.

This case, and Schwartz’s prior victory, Murphy v. Mountain Creek Resort, Inc., were employment suits dismissed at the trial level and appealed from by the plaintiffs.  In both cases, the Appellate Division affirmed the trial court’s dismissal.

Both victories show employers that not all employment claims are viable. “Whenever I handle an employment matter, I make sure my client has a strong chance of success during motion practice so cases like these never get to trial,” says Schwartz, head of the Employment and Litigation Group at Schwartz Edelstein Law Group.

Schwartz firmly believes that employers can and will be victorious if they have followed the spirit of the law. People at work may say or do something inappropriate, but one isolated incident does not create a hostile work environment and the proper handling of the litigation will show just that.

An Ounce of Prevention

Schwartz and her team spend time training employers in proper polices, conducting affirmative action investigations, providing boundary training and sexual harassment workshops. It is vital that a company is doing more than checking a box. “Policies, training, and changing the culture will limit frivolous litigation.  If a complaint develops, my team knows how to defend such a lawsuit, limiting exposure and costs,” said Schwartz.

Schwartz Edelstein Law Group

As of January 1, 2018, the firm became known as the Schwartz Edelstein Law Group LLC. The firm is celebrating the next generation of leadership through a restructuring of the Firm.  The firm’s new Executive Committee is made up of Stefani Schwartz, Esq., Andrew Brown, Esq., Denis Murphy, Esq., and Paul Kalac, Esq.

This cycle of the Firm’s evolution will continue to bring the expert legal services, prompt responsiveness, and team approach which have been our hallmark for decades. The name has changed, but the legacy of quality and service continue.

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