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    Yesenia Seda v New Jersey Department of Children and Families

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    Yesenia Seda v New Jersey Department of Children and Families

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    Yesenia Seda v New Jersey Department of Children and Families

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    540 views12 pages

    Yesenia Seda V New Jersey Department of Children and Families

    Uploaded by

    opracrusades
    Yesenia Seda v New Jersey Department of Children and Families

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 12
    BERNARD WEISS, Esq. 4 Glen Airlee’ Court Morristown, New Jersey 07960-2949 Phone: (973) 538-1758 Fax (973) 455-1018 Bail: bernard. weiss@njcics.com Attorney for Plaintifé YESENZA SEDA, : SUPERIOR COURT OF NEW JERSEY MORRIS COUNTY Plaintife, LAW DIVISION DOCKET NO.: TO BE ASSLENEO NEW JERSEY DEPARTMENT OF CHILD: PROPECETON AND PERMANENCY; fl ELIZABETH MCGOVERN, Area Director, Department of Child Protection and Pernanency; as an Bnployee of DCBP and Individually; SHARON SCHLAM, Casework Supervisor, Acting Local office Manager, Departivent of Child Protection and Permanency, as an Employee of DCPP : and Individually; and JENNIFER: GATZKE, a5 an Employee of DCPP and Individually, cIvEt, ACTION Defendants. 2 COMPLAINT Plaintiff, Yesenia Seda a/k/a Yessi Seda, currently reeiding at 8 Outlook Avenue, Budd Lake, in the County of Morris and State of New Jersey, by way of Complaint, says: FACTS com@ion 10 ALL COUNTS (1) Yesenia vas hired in or about May 2009 as a Family Service Specialist 2 (FSS2) a/k/a caseworker, by the Division of Youth and Family Services (DYPS) n/k/a the New Jersey Department of Child Protection and Permanency (CPE). She has worked in tha Norris West Local Office in Randolph, New Jersey, fron the time of her hire to the date of this Conplaint. she has been an F582 caseworker employed by DCPP. She has always worked at the DCPP Morris West Office in Randolph, New Jersey and has always received excellent ennual evaluations (2) Defendant Jennifer Gatzke was hired as a caseworker by the Now Jersey Department of Child Protection and Permanency in or about Septenber 2007, Yesenia and defendant Gatzke became friends. During the time of their friendship, defendant Gatzke disclosed to Yesenia that she had a certain medical condition. Yesenia heard defendant Gatzke tell another employee of DYES about that sane medical condition. Then, on or about July 15, 2013, Yesenia and Defendant Gatzke had a “falling out”. (3) Approximatety two (2) weeks later, Suzanne Alvino, the Local Office Manager, informed Yesenia that defendant Gatzke had filed an Equal Employment Opportunity (E80) complaint alleging, in part, that Yessi' had disclosed another of defendant Gatzke’s medical conditions to other co-workers, along with other false allegations. Ms. Alving told Yessi not to have any contact with defendant Gatzke. (4) Because of defendant Gatzke’s allegations, Yesenia requested that her Supervisor, Beatris Ortiz, along with defendant Shaxon Schlam, move her vork space to the other side of the office and away from defendant Gatzke’s cubicle. (5) 0n or about September 16, 2013, during a neeting with Paul Pintella, the E£0 Investigator, Yesenia was told about defondant Gatzke’s other medical condition and the other allegations regarding Ms. Seda’s interactions with her co-workers. ‘That was the first time Yesei had heard of defendant Gatzke’s other medical condition (of which Yessi had been accused of disclosing). (6) On or about October 1, 2013, Defendant Schlam informed Yessi that defendant Gatzke spoke to her regarding an issue defendant Gatzke had with Yesenia, namely, that Yessi had locked defendant Gatzke out of a State car. Yessi explained to Defendant Schiam that the State car in question had been assigned to anoth State worker and not to defendant Gatzke. For some xeason defendant Gatzke gave the State car which had been assigned to hex to another co-worker, Subsequently finding that she needed a State car to carry out her duties, defendant Gatzke attempted to use the car that Yesenia had driven, without Yesenia’s knowledge. vesenia had left the car keys in the car, for ‘the next co-worker. When defendant Gateke vent to take the car, she found the car door was Locked and Gatzke could not access the car. Yesenia had left the car door unlocked and had no knowledge the ear door was locked. (7) On oF about October 3, 2013, after Yesenia’s move to the other side of the office, Yeesi reported to defendant Schlam that defendant Gatzke was harageing her by walking back and forth by Yessi’s desk. Defendant Schlam informed Ms. Seda that on, or about October 1, 2013 she told defendant Gatzke not to pass by Yesenia’s cubicle as everything defendant Gatzke needed was ‘on her side of the office. Defendant Gatzke continued to valk by Yessi’s cubicle, ignoring defendant Schlan’s directive, as many as five (5) times in one (1) day, making her presence known to Yesenia by making a noise with her mouth to get Yessi’s attention and then aniling and ehaking her head from side to side, trying to intimidate or infuriate her. In addition, Ms. Seda advised the EEO Investigator, Mr. Pintella, of defendant Gatzke’s harassment and requested to file a harassment grievance against her.. (8) On ox about October 4, 2013, Yesenia went to the Randolph Police Department to file a harassment complaint against defendant Gatzke. she was informed that defendant Gatzke had alzeady fled a complaint against her alleging that Yessi had slashed defendant Gatzke’s car tires. At work, Yesenia was told by defendant Schlam that defendant Schiam bad . recommended that defendant Gatzke go to the police and report the allegations. (9) On oF about October 5, 2013, Ms. Seda was informed by the EO Investigator, Mr. Pintella, that defendant Gateke had accused her of blocking her path while she was walking in the hallways, sticking her middle finger out on defendant Gatzke and slashing defendant Gatzko’s car tires (20) on ox about october 9, 2013 Yesenia was informed by defendant Schlam that as a result of the EEO investigation, she was being transferred to the Passaic North Local Office in Paterson, New Jersey. Yessi was informed by defendant Schlam that defendant Elizabeth McGovern, made the decision to transfer Yeast (21) Yesenia was willing to accept a transfer but could not agree to a transfer that would cause her a special hardship. she agreed to be transferred to an office that was closer to her hone 90 that she could care for her young children. Yesenia gave a choice of four (4) different offices to which she would accept a transfer, and told defendant schlam of her preference. The transfer to the Paterson office was upheld by defendant McGovern. (12) As a result of the actions of defendants Gatzke Schlam; MeSovern; and DCFP Yessi has been so stressed and emotionally distressed that she has keen unable to perform her job duties. she has been under the care of Oscar E. Sandoval-Castellanos, M.D., a poyehistrist. Dr. Castellanos recommended that Yesenia take a leave of absence from her job from October 16, 2013 untit December 2, 2013. That leave has been extended through becenber 17, 2013 by Dr. Castellanos. Yesenia has been diagnosed with Panic Attack Disorder, Major Depression, Insomnia and Generalized Anxiety Disorder. FIRST COUNT - DEFAMATORY INJURY TO REPUTATION (13) Defendant . Gatzke published accusations regarding plaintiff: Seda’s slashing her car tizes and falsely accusing Yesenia of harassment, resulting in Yessi’s being transferred to the Paterson office. The allegations were made without any evidence or proof; were faise; and defaned Yessi’s reputation among her co-workers. The allegations concerned an exclusively private matter, and Gatzke made no attenpt to ascertain their truth. Additionally, the allegations were defamatory per se in that they Ampute the commission of 2 crime. Defendants Schlan; McGovern; and BCBP took no action against Gatzke, but rather detoxmined to transfer plaintift seda. As a result of all these actions, Plaintiff Yesenia Seda felt humiliated and degraded, embarraaaed, and had her reputation beamixched. WHEREFORE, Plaintiff Yesenia Sedd demands judgment against Defendants Gatzke; Schlam; McGovern; and DCE; as follow (a) Awarding plaintift danages; (b) Awarding plaintis£ special damages: (c) Awarding Plaintif# costs of sult, daterest, and attorney's fees; and (4) Ordering such other relief as may be just. SECOND COUT - EMPLOYER DEALING UNFAIRLY WITH mO@LorEE (24) Plaintife repeats the allegations contained in the First count of this Complaint as if they were fully set forth herein and kepeated at Length. (45) Defendants Schlam; McGovern; and DcPP, xelying solely on the allegations of defendant Gatzke, took it upon themselves to transfer plaintité Seda to another office without giving due consideration to any hardship she might. incur. Such action was in contravention of the Union contract and constituted unfairly dealing with Yessi by not considering her side of the story before teansferring her. (16) Because of the actions of defendants Gatzke; Schlan: NeGovern; Gatzke; and DCPP, Yesenia felt humiliated and degraded, euberrassed, and had her reputation basnirched, proximately caused by defendants Schlaw’s and McGavern’s breach of the express and implied covenants of good faith and fair dealing. WHEREFORE, the Plaintiff Yesenia Seda demands judgment against, Defendants Schlam: McGovern; and DCPP, as follows: (a) Awarding plaintitg compensatory. damages) fb) Awazding Piaintazs costs of sull, inlexest, ond attorney's fees; and (c) Ordering such other relief as may be just. IMIHD COUNT - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (17) Plaintiff repeats the allegations contained in the previous Counts of this Complaint as if they were fully set forth herein and repeated at length. (18) Given the xelationship between Yessi and defendant Gatzke, defendants Gatzke; Schlan; and McGovern knew or should have known, of recklessly, intentionally disregarded the high degree of probability that emotional distress, humiliation and embarrassment Gatzke’s published allegations and a transfer would cause. Yesenia Yet they continued to humiliate and embarrass her so that the result stated above occurred. Their actions were the direct and proximate cause of Yesenia’s debilitated and continually debilitating mental’ health. WHEREFORE, the Plaintiff Yesenia Seda denands judgment against defendants; Gatzke; Schlam; McGovern; and DCPP, as follow: (a) Awarding plaintifé conpensatory damages; (b) Awarding Plaintiff her cost of continued mental health caze for as long as she neods ity (c) Awarding Plaintife costs of sult, interest, and attorney's fees; and (a) Ordering such other relief as may be just. FOURTH COUNT - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (29) Plaintig xepeate. the allegations contained in the previous Counte of this Conplaint as if they were fully set forth herein and repeated at length. (20) Defendant Gatzke!s actions caused Yesenia to be in fear of her both physically and emotionally. Knowing Yessi’s fears and emotional distress, defendants Schlamj McGovern; and OCP negligently permitted defendant Gatzke to continue her actions toward Yesenia, proximately causing Yessi’s enotional distress. WHEREFORE, Plaintiff Yesenia Seda demands judgment against Defendants Schlam; McGovern; and DCPP,as follows: (2) Awarding plaintift compensatory damages; (b) Awarding Plaintiff her cost of continued mental health care for ae long as she needs ity lc) Avarding Plaintiff costs of suit, interest, and attorney's fees; and (d) Ordering such other relief as may be just. CERTIFICATION ~ NO OTHER ACTION TAKEN Ms. Seda hereby certitic that the matter in controversy is not the subject of any other action pending in any court and is Likewise not the subject of any pending arbiteation proceeding. Ms. Seda, further certifies that she has no knowledge of any contemplated action or arbitration proceeding which is contemplated regarding the subject matter of this action, Ms. Seda further certifies that they are now aware of any other pasties who should be joined in this action. DROND FOR GURY TRIAL ‘he plaintiff, Yesenia Seda, hereby denands trial by jury as ko all issues in the above matter. DEMAND FOR DISCOVERY OF INSURANCE COVERAGE, Pureuant to New Jersey Court Rule 4:10-2(b), demand is nade that defendants disclose to Ms. Seda’s attorney whether or not there are any insurance agreenents or policies under which any person or fizm carrying on an insurance business nay-be liable to satiafy part or all of a judgment which may be entered in this action or indemnify or reimburse for payments made to satisfy the judgnent and provide Ms. Seda’s attorney with true copies of those insurance agreements or policies, including, but not Linited to eny and all declaration sheets. This denand shall include and cover not only primary coverage, but aleo any and all excess, catastrophe and umbrella policies DESIGNATION OF TRIAL ATTORNEY In accordance with R. 4:25-4, Bernard Weiss, Esq., 1s hereby designated as trial counsel for Ms. Seda, in the above matter. Binad l% BERNARD WEISS, E50, Attorney for Plaintire aren: (( Dee 201% vith respect to ali Counts 2. T nave read the foregoing complaint oad on ny ow peesonat noviedge T know that the facts set forth herein are true and nay axe incorporated in ths certitication by reterence, 3. T certity that the above statenests made by ne are true. 7 san oiuce that if any of ee foregoing statenents mcs by me Ss wsieenay flee, Elan subject to puntsimant. bated: f2|t013 Pursuant to R. L:d-d(c}, Bernard Weise does hereby certify that the: original signature providad on the attached Certification was acknowledged by the| afeiant as his/nez signature. g We

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