In March 2013, Bill Healey obtained a favorable arbitration decision on behalf of a business owner whose former partner perpetuated a fraud. Specifically, through the use of a secret bank account, the former partner was found to have stolen a substantial amount of money over the years that should have been deposited into the partnership’s operating account. The decision ends a hard fought dispute that started in 2009.
NEWS & RESULTS
Unemployment Appeal Victory–Independent Contractor Model Preserved
Phillip Ray won a New York unemployment appeal for a client that used independent contractors for its early intervention child services. The Appeal Board reversed its initial decision and found that the client’s relationship with the independent contractors had insufficient indicia of control to convert them into employees. The Appeal Board recognized that the County, with whom the client contracted, was the source of the control and direction of the client’s independent contractors. As a result, the client was able to maintain its business model and avoid paying payroll taxes for the independent contractors.
Mark Speaking to Nonprofit Organizations
TOPIC: ”HOW TO PREVENT, DETECT AND REACT TO CORRUPTION IN YOUR NONPROFIT ORGANIZATION” …. Breakfast Seminar…November 28th at 8:30 a.m. at The Manor in West Orange, NJ …. For More Info: Seminar Info
5 Common Mistakes Most Employers Make
October 30th @ 8:00 a.m….Tinton Falls/Eatontown, NJ (DoubleTree by Hilton Hotel) http://www.icontact-archive.com/ax046v6l6BLB0KVqXjR5LXaYqJsxzL4z?w=1
Employment Law Breakfast Club
October 25th @ 8:30am…Roseland, NJ (Mack Cali’s Office) http://www.icontact-archive.com/ax046v6l6BLB0KVqXjR5LWutdbo2ALVM
Legal TechTalk Interview with Bill Healey
Firm’s Technology Solution – Virtual-Strategy Magazine
Bill Healey and Phil Ray to Speak at the Fourth Thursday Networking Group
On October 25, 2012, Bill Healey and Phil Ray will present the “5 Mistakes Most Employers Make” before the Fourth Thursday Networking Group in Colts Neck, New Jersey. http://us4.forward-to-friend.com/forward/show?u=76c2c6afd6544d9bf15bb3784&id=740f6cd248
Dismissal of Complaint Based on Joint-Employer Liability Theory
On August 10, 2012, the New Jersey Superior Court granted our motion, filed in lieu of an Answer, to dismiss the employment discrimination claims against our client. The sole basis for suing our client was the plaintiff’s joint-employer liability theory, whereby our client, who was merely a contractor on the job site, was alleged to have exercised substantial control over the plaintiff’s employment. Fortunately, before we had to defend the frivolous claims any further, the Court agreed with our motion and ended the litigation at a very early stage.
Dismissal of All Claims Against Dental Practice
On August 9, 2012, the New Jersey Superior Court granted our motion for summary judgment and ended a hard-fought employment case. The plaintiff, a receptionist in a dental practice, filed numerous claims, including wrongful termination, hostile work environment, defamation, unpaid overtime and disability discrimination. After we convinced the federal court to dismiss the Americans with Disabilities Act claim, the case was remanded to state court. A few months later, the state court granted our motion to dismiss all claims against the dental practice.