Lakewood's Center for Health, Education, Medicine, and Dentistry, also known as CHEMED, as well as Mark Berkowitz, the Chief Operating Officer, are facing legal action over allegations of retaliation and discrimination against a former employee on basis of his Hispanic race and Catholic religion, FAA News has learned.
According to the complaint filed in New Jersey Superior Court in Ocean County by Edison Attorney Justin M. Day Esq.:
Beachwood resident Pablo Martinez was employed as a Maintenance/Housekeeping staffer in CHEMED from August 7, 2023 until his unlawful termination on November 6, 2023. He had a record of strong performance during his employment.
Martinez is a Hispanic and a practicing Catholic. On October 5, 2023, he overheard a conversation among his supervisors and the Chief Operating Officer, Mark Berkowitz, discussing their desire to hire a Jewish individual for maintenance roles.
Immediately thereafter, Martinez's workload was unreasonably increased. By November 3, 2023, his workload was increased from 50 work orders per day to an unsustainable demand of 100 work orders daily. Upon information and belief, his workload was unreasonably increased in an attempt to get him to resign from his position.
On November 6, 2023, Martinez was terminated. He was informed he that he was being terminated because the facility no longer required a maintenance department.
However, the following day, Martinez observed that CHEMED had listed a job posting on Indeed for his exact position. Martinez was even contacted by CHEMED’s recruiters, Tehila Ney and Lori Nissim, stating that they “came across” his resume and that he would be a “good fit.” Martinez responded to inform her that he had been terminated ten days prior from the exact position and told that it would no longer exist. Nissim, in response, stated that she is not “involved in decisions about roles opening or closing,” but that “I just post what I am told we are hiring for.”
The reasons given to Martinez for his termination were pretext for unlawful discrimination. CHEMED really terminated him on the basis of his race and/or religion.
The complaint seeks judgement against CHEMED for discrimination which violates the New Jersey Law Against Discrimination.
Plaintiff is a member of a protected class. At all times, Plaintiff performed at a level that met Defendant’s legitimate expectations. Defendant’s termination of Plaintiff constitutes an adverse employment action. Defendant subjected Plaintiff to an adverse employment action on the basis of race and/or religion.
Defendant’s actions constitute discrimination which violates the New Jersey Law Against Discrimination. Defendant’s conduct was especially egregious and done with the knowledge and participation and or reckless indifference of upper-level management.
As a result of Defendant’s wrongful conduct, Plaintiff has suffered, and continues to suffer, damages including: front pay, back pay, emotional distress, embarrassment, humiliation, and other damages.
The complaint also demands judgment against Mark Berkowitz personally for aiding and abetting violations of the Law Against Discrimination.
Defendant Berkowitz served as Defendant’s Chief Operating Officer during the above conduct against Plaintiff. As COO, Berkowitz possessed the authority to set the terms and conditions of Martinez's employment, including the power to determine his working hours and direct his daily work activities.
Defendant Berkowitz knowingly provided substantial assistance and/or encouragement to the violations of the Law Against Discrimination. Defendant Berkowitz is liable for aiding and abetting the unlawful harassment and discrimination in violation of the Law Against Discrimination.
As a result of Defendant’s wrongful conduct, Plaintiff has suffered, and continues to suffer, damages including: lost back pay, lost front pay, emotional distress, embarrassment, humiliation, and other damages.
The suit seeks judgment against CHEMED and Berkowitz for compensatory damages, punitive damages, attorneys’ fees, costs of suit, pre- and post-judgment interest, and all other relief that the Court deems equitable and just.
The complaint demands a trial by jury as to all issues in the above matter.
The defendants have 35 days to answer the complaint.
Following years of nursing home management experience, in 2013 Berkowitz, joined CHEMED's Administrative Team. As COO he is in charge of the entire day to day operations.
As previously reported here on FAA News, CHEMED recently settled a medical malpractice lawsuit for $250,000.
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