RESNICK LAW GROUP A Professional Corporation 5 Becker Farm Road, 4 th Floor Roseland, New Jersey 07068 (973) 7814204 Attorneys for Plaintiffs ces4 DEPLNY "" o'f 'As4.4. 51"t0CrAtIr SUPERIOR COURT BERGEN COUNTY FILED APR 13 2312 c5gu'l-074-,;w441.4e----, COOK ANNE TREMBLE Plaintiff, SUPERIOR COURT OF NEW JERSEY BERGEN COUNTY LAW DIVISION v. DOCKET NO. L 3 0 a. L BERGEN COUNTY SPECIAL SERVICES and BERGEN COUNTY BOARD OF EDUCATION CIVIL ACTION COMPLAINT, JURY DEMAND AND DESIGNATION OF TRIAL COUNSEL Defendants. Plaintiff, Anne Tremble ("Tremble"), residing at 11 Lyons Place, Westwood, New Jersey 07675 complaining of the Defendants herein, states as follows: FIRST COUNT (Violation of CEPA) 1. At all times pertinent hereto, the Defendants Bergen County Special Services and Bergen County Board of Education are governmental entities with principal offices at 355 E. Ridgewood Ave, Paramus, NJ 07652
2.. At all times pertinent hereto, Tremble began her career employed by Defendants in 2007 at the Carl Padavano Education Center, teaching behaviorally and emotionally handicapped children in Math, Social Studies, Science and the Language Arts. 3. Originally a substitute teacher, Plaintiff subsequently worked full time, instructing high school level students, and then was transferred to the Hillcrest School in Paramus, New Jersey teaching handicapped Middle School students. 4. After the program closed, Tremble was transferred to Bergenfield Lincoln School, and then to the autism program in Ridgewood, New Jersey, and also worked on the Summer program there. 5. Plaintiff successfully completed the school year and was on track to obtain tenure. 6_ At all times pertinent hereto, during her time in the autism program, Tremble was exposed to very aggressive children, ages 13-16 who attended the program, and because of prior incidents expressed her fears to the Principal that such violence could be repeated. 7. Despite assurances guaranteeing her safety, during the 2010-2011 school year, Plaintiff was exposed to one student in particular, whose behavior escalated weekly, and who made direct threats of violence to Tremble and other employees. 8. This student often stated he was going to bring a gun or knife to school, and that he had access to such weapons from his mother's boyfriend who was a hunter. 9. When Plaintiff continued to express fears for her safety to her superiors, the only assurances she received was that the boy's psychiatrist had been spoken to and stated that the child would not act upon his threats. 2
10. Because the administration was taking no action, despite Plaintiff's many complaints, the teacher's union was contacted and provided information regarding the child's continued threat of violence, including telling a female classmate he hoped she was raped and attacked. 11. Ultimately, the student was removed from Plaintiff's classroom and placed in a classroom of non-verbal students with a male teacher. 12. Shortly thereafter, Tremble was advised her contract was not being extended for the new school year, even though she would have received tenure if she had worked even one day into the new year. 13. It was also soon learned by Plaintiff that younger, non-tenured teachers were being offered their jobs back for the upcoming year, and that younger teachers were being given preference because of their age. 14. At all times pertinent hereto, although Tremble asked what the criteria was in deciding which teachers would return, Defendants never provided any basis for their choices. 15.. At all times pertinent hereto, Plaintiff was 61 years of age at the time she was told of the non-renewal of her contract. 16. At all times pertinent hereto, the decision not to rehire Plaintiff was in retaliation for her objections and complaints about the Defendants failure to provide a safe work environment, as required by 29 USC 654(5)(a) (OSHA). 3
17. At all times pertinent hereto, under Section 29 USC See.660(11)(c) of OSHA, employees are protected from retaliation because the employee has exercised rights under the OSHA Act. 18. At all times pertinent hereto, Plaintiff's termination was in violation of New Jersey's Conscientious Employee Protection Act ("CEPA"), NJSA 34:19-1 et seq. entitling Plaintiff to damages including back pay, front pay, mental distress damages, counsel fees and punitive damages. 19. At all times pertinent hereto, as a proximate result of Defendants wrongful conduct, Plaintiff has suffered severe emotional distress, humiliation, embarrassment, loss of income, loss of benefits, and other severe financial losses. SECOND COUNT (Violation of NJLAD) 20. Plaintiff repeats and realleges each and every allegation of the Complaint as if set forth herein with full force and effect. 21. At all times pertinent hereto, age was a motivating factor in the decision to terminate the Plaintiff herein. 22. At all times pertinent hereto, the conduct of the Defendants was in violation of the New Jersey Law Against Discrimination ("LAD"), NJSA 10:5-1 et seq. 23. Such conduct on the part of the Defendants was egregious and willful and involved upper management participation, thereby subjecting the Defendants to punitive damages. 4
24. At ail times pertinent hereto, as a proximate result of Defendants wrongful conduct, Plaintiff has suffered severe emotional distress, humiliation, embarrassment, loss of income, loss of benefits, and other severe financial losses. WHEREFORE, Plaintiff seeks Judgment against the Defendants as follows: a. CompenSatory damages, including past and future lost wages, and employment benefits; b. Damages for emotional and physical injury and distress; c. Pre-and post judgment interest; d. Reasonable costs, including attorney's fees, expert witness fees and other costs incurred in connection with this litigation; e. Punitive damages; and f. Such other and further relief as this Court deems equitable and just under the circumstances. JURY DEMAND Plaintiff hereby demands a trial by jury as to all causes so triable. RESNICK LAW GROUP A Professional Corporation Attorneys for Plaintiff By: Dated: April 16, 2012 5
DESIGNATION OF TRIAL COUNSEL Plaintiff hereby designates Gerald J. Resnick, Esq., as trial counsel. RESNICK LAW GROUP A Professional Corporation Attorneys for Plaintiff Dated: April 16, 2012 By: CERTIFICATION PURSUANT TO R. 4:5-1 The undersigned attorney for Plaintiffs hereby certifies that the matter in controversy is not the subject of any other action or arbitration proceeding pending or contemplated, nor are there any other parties known to Plaintiffs who should be joined in this proceeding. RESNICK LAW GROUP A Professional Corporation Attorneys for Plaintiffs Dated: April 16, 2012 By:
GENERAL RELEASE This Release, dated. July 2013, is given by the Releasor(s), Anne Tremble, being over the age of eighteen, residing at', 11 Lyons Place, Westwood, New Jersey 07675 (referred to as "1" or "Releaser") To Begen County Special Services Board of Education (improperly named as Bergen County Special Services and Bergen County Board of Education) (collectively referred to as "You" or "BCSS" or "Releasee"), hereby states as follows: 1. Release: In consideration of the payment and promises contained herein, and for other good and valuable consideration, 1 intend to be legally bound hereby, for myself and all of my dependents, heirs, executors, administrators, legal and/or personal representatives, successors, assigns and agents do herebyunconditionally and irrevocablyremise, release and forever discharge You, and each and every of its predecessors, successors, heirs, executors, parents, subsidiaries, affiliates, assigns, insurers, reinsurers, directors, officers, shareholders, employees, attorneys, representatives, administrators, and/or agents, both current and former ("Released Parties"), of and from any and all complaints, actions, liabilities, obligations, promises, agreements, controversies, damages, claims, causes of action, lawsuits, debts, demands, costs, losses, rights, charges, any claims for unpaid or withheld wages, severance, benefits, bonuses, or commission, and/or expenses, (ineluding attorney's fees, costs, and punitive damages), of any nature whatsoever, asserted or unasserted, known or unkitown, suspected or unsuspected, which I ever had, now have, or hereafter may have against the Released Parties by reason Of any matter, act, omission, transaction, occurrence, or event that has occurred or is alleged to have occurred up to the date of this Agreement Specifically, included without limitation in this release is a knowing and voluntary waiver and release of all claims arising under Title VII of the Civil Rights Act of 1964, as Amended, Civil Rights Act of 1991, the New Jersey Law Against Discrimination, the National Labor Relations Act, the Employment Retirement Income Security Act (ER1SA), Family Medical Leave Act (Fl A), 42 1981, Immigration Reform and Control Act, the Sarbanes- Oxley Act of2002, the Occupational Safety and Health Act, The Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, The Federal False Claims Act, the Wage Payment Collection Law, The Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Employee Retirement Income Security Act of 1974, the Lily Ledbetter Fair Pay Act of 2009, including all amendments to the foregoing statutes; any claims for any and all damages, including damages for emotional distress and physical illness; any claims for retaliation and/or whistle blower claims; and/or any other statutory or common law claims now existing or hereinafter recognized, including but not limited to, breach of contract, libel, slander, fraud, infliction of emotional distress, wrongful discharge, demotion, defamation, breach of covenant of good faith and fair dealing, promissory estoppel, and misrepresentation, any and all claims based on "public policy", any and all
federal and state wage and hour laws, any and all federal or state laws pertaining to employment or employment benefits, and any and all other claims of any kind based on any federal, state, or local constitution, statute, law, rule, regulation, judicial doctrine, contract, or common law, or other theory arising out of any matter, act omission, transaction, occurrence, or event that has occurred or is alleged to have occurred up to the date of this Agreement, including any claim for attorneys fees made, any fee-shifting provisions of the laws or regulations referred to herein. I specifically release any and all claims arising from the termination of Anne Tremble's employment with BCSS on or about July 2011, as encompassed in an action pending in the Superior Court of Jersey, Law Division, Bergen County, Docket No. BER-L-3025-12. 2. No Admission of Liability: It is :understood and agreed by the parties that neither this writing northe fact ofpaynaent and/or settlement constinates an aidmisiiiin of liability or aitrongdoing or breach of duty by any party. 3. Payment: In consideration of the promises and other consideration described in this Release, I have been paid a gross amount of ten thousand dollars and zero cents ($10,000.00), which shall be in full and final settlement of all claims, including any claim for attorney's fees, costs and expenses against Yon, and/or all of your predecessors, successors, parents, subsidiaries, and/or past and present officers, directors, agents, employees, representatives, insurers, and attorneys. It is agreed that this payment will be distributed by one check payable to Anne Tremble and her attorneys Resnick Law Group, This payment is made in resolution of disputed legal claims and that You Will not withhold any amount from this payment for taxes. BCSS has not made any determination that this payment is or is not taxable under federal, state or local law. In the event that Mrs. Tremble fails to pay taxes on this payment as required by federal, state or local law and that if any federal, state or local authority makes a claim or institutes a proceeding against BCSS due to Mrs. Tremble's failure to pay taxes as required by federal, state, or local law, Mrs. Tremble agrees to fully and completely indemnify BCSS for all taxes and costs reasonably associated with defending against the claim or proceeding. Payment shall be made no later than 30 days upon receipt of the executed Agreement and clearance by the Releasee'a carrier of all medicare lien and/or set aside issues. 4. Withdrawal ofall Lawsuits and Charges: For and in consideration ofthe payments, promises and other consideration described in this Release, and as a further material inducement to BCSS to provide consideration, Mrs. Anne Tremble hereby agrees to withdraw and dismiss any and all complaints and lawsuits that she has filed against any of the Released Parties in any forum, whether before any judicial or administrative tribunal or agency whatsoever, specifically, BER-L-3025-12, which was filed in the Superior Court ofnew Jersey, Bergen County, Law Division ("The Charge"). Mrs. Anne Tremble further agrees to waive any right to receive any monetary relief in connection with charges or suits brought on her behalf.
5. Confidentiality: Plaintiff agrees to keep confidential and make no voluntary disclosure of the terms of this Agreement and/or the existence thereof, to any person or entity of any kind or identity whatsoever. This confidentiality requirement shall not, however, prohibit Plaintiff from disclosing the payment set forth above to her tax accountant, attorney and spouse (to all of whom Plaintiff will relay the instant confidentiality requirement), the Internal Revenue Service, and/or the appropriate state tax authorities. In response to any inquiry about the outcome of the above described action, Plaintiff shall state only that: "The matter has been concluded." Plaintiff further understands that disclosure ofthis.agreement and/or the terms and conditions herein by her, or anyone acting on her behalf, shall be deemed a breach of this Agreement, enforceable in a court of law or equity. If the Released Parties, or any one on the Released Parties' behalf, initiate legal action claiming a breach of this paragraph, and prevail in such action, The Released Parties will be entitled to recover reasonable attorney's fees from Plaintiff. 6. Non-Disparagement: Plaintiff agrees that she will not make any disparaging and/or negative remarks, comments, and/or statements, whether written or oral about BOSS to any other person, entity and/or the media that could reasonably be anticipated to cause damage to the reputation, goodwill, and/or business of BCSS. 7. Re-Employment Plaintiff understands and acknowledges that she may not apply for reemployment with Defendants and/or any of their affiliates and/or subsidiaries. Plaintiff further acknowledges that this: Release may constitute a complete and final reason for any subsequent denial of re-employment, rehire, reinstatement, or any other employment relationship, and that this Release maybe offered as a complete defense to any charge, claim or cause of action for such denied employment. 8. Non Admission of Liability: Plaintiff understands and agrees that the payment of monies herein does not constitute an admission of liability or violation of any applicable law, contract provision, rule, or regulation as to which Defendants expressly deny any such liability or violation. Defendant denies that it has violated any Federal or State or local Statute, rule, ordinance, regulation or common law principle in its dealings with Plainfiff, and further denies that Defendant has injured or wronged Plaintiff in anyway. Plaintiff expressly acknowledges and agrees that, by entering into this Release, Defendant in no way admits any liability to Plaintiff by reason of any matter. This Release and/or payment to plaintiff, is not, and shall not be construed as an admission by Defendant, its employees, agents or representatives of any liability, responsibility, fault or wrong doing by Defendant. 9. Tax Consequences: Plaintiff agrees and acknowledges that she is solely responsible for the payment of any and all taxes, including any interest and penalties for which she is liable or which are determined to be owing by any taxing authority. Defendants make no representations or warranties regarding any tax issues relating to the payment provided and Plaintiff acknowledges that she has not relied upon any advice from Defendants or
Defendants' agents, employees, or representatives, concerning the taxability of the amounts to be paid or credited under this Agreement or otherwise. In the event that taxes are assessed against any of the parties as a result of the payment made hereunder, Plaintiff shall be solely responsible for payment of such taxes, and agrees to indenmifydefendants, andtheir agents, representatives, attorneys, predecessors, successors, executors, heirs, administrators, and assigns for the payment of such taxes, interests, and/or penalties as may be assessed against them for which the Plaintiff is liable. 10. Voluntary Execution ofrelease: This Release is executed voluntarily and without any duress or undue influence on the part of or behalf of the Parties hereto, with the full intent of releasing all claims. Plaintiff acknowledges that: (a) Plaintiff has read this Release and Knight advice on it from counsel, (b), Plaintiff has been represented in the preparation, negotiation,. and execution. ofthis Agreement by legal. counsel of her own choice; (c) Plaintiff undersiiinds the terms and consequences of this Release; and (d) Plaintiffis fully aware of the legal and binding effect of this Release. 11. Governing Law: This Release is made and entered into in the State ofnew Jersey, and shall in all respects be interpreted, enforced and governed under the laws of New Jersey, 12. Signatures: I, Anne Tremble, understand, and agree to all of the terms of this Release. Having knowingly elected to execute this Release, to fulfill the promises and to receive the sums and benefits listed above, Plaintiff freely and willingly, and after due consideration, enters into this Release intending to waive, settle, and release all claims she has or might have against Defendants by signing below. PLAINTIFF Dated: 7-3
Witnessed or Attested by: 6eg7e/t/ STATE OF NEW JERSEY COUNTY OF -filawyn SS: I CERTIFY that on July mac;2013, ANNE TREMBLE personally came before me and stated to my satisfaction that this person: (a) was the maker of the attached instrument; and (b) executed this instrument as his or her own act. Denise A. Holmes Notary Public al New Jersey 10 #2227574 My Commission Expires July 16, 2014