Race Discrimination Lawsuit Filed against The Judge Organization and two of its Upper Management Bob Tighe and David Gavazzi
We filed a lawsuit against the Judge Organization (also known as P. Judge & Sons Inc) located in Newark, New Jersey. The lawsuit, which is also referred to as a “complaint” and captioned Wynn v. The Judge Organization alleges as follows:
•The Judge Organization is a trucking company and located at 201A Export Street, Newark, New Jersey.
•The plaintiff, an African American female, was a night shift warehouse manager supervising about 8 employees.
•Plaintiff was the only night shift manager at the location. Plaintiff requested and was denied the promotion to day shift manager’s position. The Judge Organization instead transferred and brought in a white male (David Gavazzi) and gave him the day shift manager position.
•Upon resumption of that position, plaintiff and other employees felt uneasy because of Gavazzi’s aggressive behavior and racial comments at the workplace, some including, “he is the ‘new sheriff in town…. Things and people are going to change.”
•On May 20, 2015, plaintiff was late for work and texed David Gavazzi at approximately 3:34 PM that she would be arriving late for her nighttime shift, which began at 4:00 pm.
•On June 4, 2015, Bob Tighe told the plaintiff that on May 20, 2015 (about 3 weeks before), someone punched her time sheet at a time when she was not at work. Plaintiff stated that she didn't come in until 5:30 and refer him to the text messaged she sent GAVAZZI on May 20, 2015.
•Plaintiff was then terminated based on a recommendation from David Gavazzi.
•In terminating the plaintiff without any warning (written or oral) the Judge Organization violated its own progressive disciplinary policy. The Judge Organization also terminated the plaintiff without a written termination notice, in violation of its own polices.
•The complaint alleges that defendants treated non-black employees more favorable in enforcing its disciplinary polices, including, but not limited to even David Gavazzi, while smoking, caused two doors on defendant’s property to be set on fire while operating a forklift, but was not disciplined.
•The complaint alleges that defendants terminated the plaintiff she was complained about racial discrimination in promotion and of Gavazzi, and then used as an excuse (a pretext) for termination the time clock violation.
The New Jersey Law Against Discrimination (LAD) makes it illegal for any employer to discriminate against any employee in the terms and conditions of that employee’s employment including hiring, promotion, discipline, etc.
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