BER-L-001287-18 02/19/2018 9:62:29 AM Fg 1 of 16 Trans ID: LCVv2018910085 Darren J. Del Sardo, Esq (036561999) DEL SARDO & MONTANARI, LLC 300 Lackawanna Avenue ‘Woodland Park, New Jersey 07424 (973) 785-8181 ‘Attorney for Paints CHRISTINE MCNEIL and LOUIS PERDOMO, MD., Paintin), NORTH JERSEY FAMILY MEDICINE, LLC ROBERT DELA GENTE, D.O. (Individually), XYZ CORPS 1-100, JOHN DOES 1-10 (last two parties representing fictitious and unknown individuals and entities) Defendant(s) SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY DOCKET NO.: BER-L- CIVIL ACTION ‘COMPLAINT, JURY DEMAND, DESIGNATION OF TRIAL (COUNSEL AND CERTIFICATION Plaintiff, CHRISTINE MCNEUL (hereinafter “MICNEIL”) residing at 138 N. 9® Street, in the City of Paterson, County of Passaic and State of New Jersey and Plaintiff; LOUIS PERDOMO, MD. (hereinafter “PERDOMO”) residing at 144 Bell Avenue, inthe Borough of Hasbrouck Heights, County of Bergen and State of New Jersey by way of Complain against the Defendants herein, say: 1. Nature of Action, Jurisdiction, and Venue 1, Thisis an action seeking equitable and logal relic for (1) Violations ofthe Conscientious Employment Act; (2) Hostile Work Environment; (3) Intentional Inflicton of Emotional Distress; 4) Violation of Public Policy; and (5) Breach of Contract. 2 ‘This Court has jurisdiction due to the nature of the action and the amount in controversy, Additionally, Plaintiffs have satistied all prerequisites to bringing these claims,BER-L-001287-18 02/19/2018 952.29 AM Pg 2 of 16 Trans ID: LCVv2018910085 3 ‘Venue is appropriate in this Court since the Defendants conduct busines in Bergen ‘County and at least one Plaintiffs a resident of Bergen County IL Parties 4 ‘At all times relevant herein, the Defendant, NORTH JERSEY FAMILY /MEDICINE, LLC (hereinafter referred to as "NORTH JERSEY") was a corporation duly licensed ‘o conduct business in the State of New Jersey with it" principal place of business located at 19 Yawpo Avenue, Oakland, New Jersey. 5. The Plaintiff, MCNEIL was employed by the Defendant, NORTH JERSEY as a Billing/Credentialing Coordinator since 2015 and remsined in the aforementioned position up until the time of her constructive discharge, (6. The Plaintiff, PERDOMO was employed by the Defendant, NORTH JERSEY as a Medical Doctor since 2015 and remained in that positon until he time of his constructive discharge 1 ‘The Defendant, ROBERT DELA GENTE is the owner andor principal of NORTH. JERSEY and was Plaintifs’ supervisor and responsible for the Plaintiffs? work conditions fom the commencement of each Plaintiff's employment with NORTH JERSEY until the date oftheir constructive temination, 8. Individual defendants are subject to suit under the New Jersey Conscientious Employee Protection Act. 9. Corporate defendants are employers subject to suit under the New Jemey Conscientious Employee Protection Act. 10, John Does 1-10 represent the fictitious and/or unknown individuals that supervised and/or participated in any unlawful acs against the Plantfs.BER-L-001287-18 02/19/2018 8:52.29 AM Pg Sof 16 Trans ID: LOV2018310085, 11, XYZ.CORPS. 1-100 are the ftous andor unknown eomportons thet employed ‘he Psi and any other Defendant that pnicipated in any unlawful ats aginst the Pantst 12, Atal imes refered to in his complaint, employees ofthe Corporate Defendant, ‘who are referred to herein, were acting within the scope of thir employment a the workplace during working hours. Moreover, the Corporate Defendants ratified, embraced and added to their ‘conduct. COMMON counts (E MCNEIL, 1, Plaimiff’ MCNEIL was employed by defendant, NORTH JERSEY as a Billing/Credentialing Coordinator from 2015 until the date of the constructive termination ofher ‘employment in April of 2017 2 Atal times relevant inthe Complaint, Defendant, DELA GENTE wasthe ‘owner of NORTH JERSEY and Plaintiff's supervisor. As such, the Defendant, DELA GENTE. controlled the Plintif, MCNEIL's wok environment nd tems and conditions of employment. 3. Atte onset ofthe Plaintif, MCNEIL" employment with NORTH JERSEY, the Defendant, DELA GENTE praised MCNEIL sls nd performance a Biling/Credentling Coordinator. ‘The Plaintiff, MCNEIL was not subject to any unlawful andor discriminatory ‘teatment at NORTH JERSEY until she uncovered illegal sctivty at NORTH JERSEY and ‘objected to same 5. In or around 2016, a Pharmaceutical Representative, McKenzie Stepe solicited the Defendant, DELA GENTE with several unlawfl moneymaking opportunites thet were