CAIIN & PARRA, EEC 1015 New Durham Road Edison, New Jersey (732) Attorney for Plaintiff(s)

Transcription

1 CAIIN & PARRA, EEC 1015 New Durham Road Edison, New Jersey (732) Attorney for Plaintiff(s) /3 HELGA VAN ECKERT, Plaintiff, SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY VS. DOCKET NO. -mfd CITY OF PERTH AMBOY; JOHN DOES 1-10 (said names being fictitious) and ABC CORPORATIONS 1-10 (said corporations being fictitious) : CIVIL ACTION Defendants. COMPLAINT, JURY DEMAND, DESIGNATION OF TRIAL COUNSEL HELGA VAN ECKERT, residing at 105C Brookhaven Court N, Palm Coast, Florida, by way of complaint against the defendants, says: FIRST COUNT 1. The plaintiff, Helga Van Eckert, was first employed by the City of Perth Amboy as the Executive Director in the Department of General Government for the City on or about July 1, 2000 pursuant to a written contract agreement. Her specific job responsibilities included working as the Executive Director of the Perth Amboy Redevelopment Agency. 2. The plaintiffs written contract with the City of Perth Amboy was renewed on or about July 1, 2004 for an additional four year term.

2 3 The plaintiff's employment contract with the City of Perth Amboy was renegotiated and renewed effective on July 1, 2008 for an additional term extending through June 30, This employment contract was fully authorized and/or ratified by the City of Perth Amboy in a resolution dated June 10, The defendants, City of Perth Amboy, are a municipal governmental entity organized pursuant to the Law of the State of New Jersey. 6. The plaintiff, Helga Van Eckert's contract of employment with the defendants, City of Perth Amboy, set forth a base salary; plaintiff's job responsibilities and provided for percentage pay increases over her base salary consistent with the terms established for managers and employees of the City of Perth Amboy. 7. The plaintiff reasonably and adequately performed all of her job responsibilities up until the time she resigned her position on April 30, The defendants' violated and/or breached the terms of this contract by failing to provide the plaintiff with incremental pay increases set forth in the plaintiffs employment contract 9. The plaintiff, Helga Van Eckert, requested the pay increases from the defendants, however, the defendants have refused to provide the plaintiff with pay increases and have specifically breached the terms of her contract. 10. As a direct and proximate result of the unlawful actions on the part of the defendants including but not limited to the breach of the plaintiff's employment contract, the plaintiff has suffered damages including loss of pay and/or benefits.

3 WHEREFORE, plaintiff, Helga Van Eckert, demands judgment against the defendants, City of Perth Amboy, seeking damages including (a) back pay and economic damages; (b) any and all benefits accrued to the plaintiff including but not limited to pension benefits; (c) any other damages permitted by law; (d) any and all equitable relief permitted by the court; and (e) attorney's fees and costs. SECOND COUNT 1. Plaintiff, Helga Van Eckert, repeats and reiterates each and every allegation of the First Count, and incorporates same as if fully set forth herein at length. 2. On or about July of 2010 the plaintiff, Helga Van Eckert, was requested by the Chief Executive Officer of the City of Perth Amboy, Mayor Wilda Diaz, take on additional responsibilities beyond those set forth in her employment contract and job description. 3. The plaintiff had specific negotiations and/or discussions with Mayor Wilda Diaz concerning additional compensation for taking over the job responsibilities of two other employees. 4. Mayor Diaz specifically promised and assured. the plaintiff, Helga Van Eckert, she would be paid an additional $10,000 in salary annually to provide the additional work for the City of Perth Amboy. 5. The plaintiff took on the additional job responsibilities requested by Mayor Diaz which saved the City significant sums of money in that they did not have to hire any additional employees.

4 . Despite the assurances that she would be compensated for this additional work, as well as the demand for payment of these monies, the plaintiff has not been paid any of the additional compensation for the work she provided to the City of Perth Amboy. 7. The defendants, City of Perth Amboy, have economically benefited from the work perfouned by the plaintiff. Plaintiff specifically relied upon assurances from the Chief Executive Officer of the City of Perth Amboy, Mayor Wilda Diaz. 8. The defendants, City of Perth Amboy, have been unjustly enriched as a direct result of the failure on the part of the defendants, City of Perth Amboy, to compensate the plaintiff, Helga Van Eckert, for the work she performed. 9. As a direct and proximate result of the unlawful actions on the part of the defendants including but not limited to the breach of the plaintiff's employment contract, the plaintiff has suffered damages including loss of pay ancllor benefits. WTEEREFORE, plaintiff, Helga Van Eckert, demands judgment against the defendants, City of Perth Amboy, seeking damages including (a) back pay and economic damages; (b) any and all benefits accrued to the plaintiff including but not limited to pension benefits; (c) any other damages permitted by law; (d) any and all equitable relief permitted by the court; and (e) attorney's fees and costs. THIRD COUNT 1. Plaintiff, Helga Van Eckert, repeats and reiterates each and every allegation of the First Count, and Second Count, and incorporates same as if fully set forth herein at length.

5 2. The plaintiff reasonably relied upon the assurances of the Chief Executive Officer of the City of Perth Amboy and took on additional work responsibilities. 3. The plaintiff made specific economic decisions based upon assurances made by the defendants; and relied unto her detriment that she would be fairly compensated for the time and effort she spent working for the defendants. 4. The defendants have refused to fully and fairly compensate the plaintiff for the work she performed. 5. As a direct and proximate result of the unlawful actions on the part of the defendants including but not limited to the breach of the plaintiff's employment contract, the plaintiff has suffered damages including loss of pay and/or benefits. 'WHEREFORE, plaintiff, Helga Van Eckert, demands judgment against the defendants, City of Perth Amboy, seeking damages including (a) back pay and economic damages; (b) any and all benefits accrued to the plaintiff including but not limited to pension benefits; (c) any other damages permitted by law; (d) any and all equitable relief permitted by the court; and (e) attorney's fees and costs. FOURTH COUNT 1. Plaintiff repeats and reiterates each and every allegation of the First Count, Second Count, and Third Count and incorporates same as if fully set forth herein at length. 2. Defendants ABC Corporations 140 are to date unknown and/or undiscovered entities including both private organizations as well any public or quasipublic bodies and/or organizations yet to be discerned who were employers of the plaintiff

6 3. Defendants John Does 1-20 are to date unknown and/or undiscovered individuals yet to be discerned who were employees of the defendant 4. ABC Corporations 1-10 and John Does 1-20, through their agents, servants and/or employees did act to intentionally harm the plaintiff, Helga Van Eckert, by breaching her employment contract with the defendant, City of Perth Amboy. DEMAND FOR TRIAL. BY JURY Plaintiffs hereby demand a trial by jury as to all issues so triable. DESIGNATION OF TRIAL COUNSEL within matter. STEVEN D. CAST, Esquire, is hereby designated as trial counsel for the Plaintiff in the CERTIFICATION I certify that the matter in controversy is not the subject of any other action or arbitration proceedings, now or contemplated. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Date: November 5, 2012 By:

7 R-180 4/14 RESOLUTION AUTHORIZING SETTLEMENT OF THE MATTER OF VAN ECKERT V. CITY OF PERTH AIVIBOY IN AN AMOUNT NOT TO EXCEED $15,000. WHEREAS, there is a pending civil action in the Superior Court of New Jersey entitled Helga Van Eckert v. City of Perth Amboy et als Docket No. MID-L arising from a claim of breach of employment contract; and WHEREAS, the parties have discussed and reached an agreement on a final resolution of the issues between them; and WHEREAS, the City's defense counsel and administration have recommended that it is in the best interest as a City to resolve the matter rather than incur the expense of litigation; and WHEREAS, the Chief Financial Officer certifies that sufficient funds to pay said settlement are available in Law Account NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PERTH AMBOY: That the proper City officials are hereby authorized to settle the matter entitled Helga Van Eckert v. City of Perth Amboy et als for the amount of $15, plus fees ordered by the Workers Compensation Judge. ax4l.alate/k VICTORIA ANN KUP4K.:H Assistant City Clerk Dated: April 9, 2014 OEL PABON, SR. Council President APPROVED AS TO FORM:??7,--74,-( 4 A zs,/,& FU S CERT 1 IE BY: MARK J. BLMDA Law Director C f Financial Of. cer p:\law\law 2014 on\settlements\van eaert docx

8 ACMS Public Access 1 of 1 4/15/ :42 PM ACMS Public Access: Case Disposition Detail END OF LIST Page: 1 VENUE : MIDDLESEX COURT : LAW CVL DOCKET # : L CASE TITLE : ECKERT HELGA VS PERTH AMBOY CITY OF SE DISP : ST SCHED TRIAL DISP DATE: CASE STATUS: CLOSED PTY PARTY NAME PTY PTY DISP NO TYPE STATUS DATE 001 ECKERT HELGA V PF SETTLED PERTH AMBOY CITY OF DF SETTLED Screen ID:CVM1001 Copyrighted New Jersey Judiciary Session ID: 7MXYNJ Case Count: 1 BUILD Timer Count down: 292