Morris E. Fischer
Silver Spring, MD
Phone: (800) 209-2608
Fax: (301) 328-7638
My firm continues to be right in the thick of prominent whistle-blowing and discrimination cases, a number with national relevance. Admitted to the bar for twenty years, I possess a wealth of unique and diversified experience. In 2017, Expertise, a national ranking company, reviewed 150 Employment Lawyers in the Washington, DC Metro area and selected me for an award as a top 16 Employment Lawyer. In 2018, for the second straight year, Expertise honored me with the same award.
In Keegan v. Social Security Administration, (2014), my firm represents, Michael Keegan, a former Associate Commissioner for Facilities for the Social Security Administration, who blew the whistle on Carolyn Colvin, the President’s nominee to lead the agency. In short, Ms. Colvin, failed to disclose to Congress a damning report regarding a 300 million dollar computer system to process disability claims of which she was aware. Moreover, she misled Congress into believing that the project was right on schedule without any notable issues. The case was pursued by the Merit Systems Protection Board, the Senate Finance Committee, chaired by Orrin Hatch (R-UT) and the Congressional Committee on Oversight and Government Reform, chaired by Darrell Issa (R-CA).
In June, 2015, I represented Mr. Keegan before the United States Senate Committee on Homeland Security and Governmental Affairs on a whistle blowing hearing. This committee includes ranking Repulican Member, Ron Johnson (D-WI), John McCain (R-AZ), Rand Paul (R-KY), Kelly Ayotte, (R-NH), ranking Democrat Member Thomas Carper, (D-DE) and Claire McCaskill, (D-MO). Mr. Keegan's testimony pertained to the Social Security Administration misleading Congress as to the need for $500,000,000 to replace the National Computer Center, when no such outlay was needed and the actual building was never replaced. The case made national news.
Later in 2015, in another national whistle blower case, my firm was retained by Senior Immigration and Enforcement Agent, Taylor Johnson, who also testified before the same U.S. Senate Committee. Ms. Johnson reported extensive abuse of the EB-5, USCIS Immigrant Investor Program with respect to the refurbishing of a Las Vegas casino, headed by an investor group, represented by Rory Reid, Esq., son of U.S. Senate Minority leader, Harry Reid (D-NV). The Department of Homeland Security issued an Office of Inspector General (OIG) report concluded that Reid pressured a compliant DHS official to override normal departmental procedures and rush through 230 EB-5 foreign visa applications.
The OIG report found that requests to expedite EB-5 processing are normally granted only in very rare circumstances, but in this case to save the project, after a number of phone calls with Senator Reid’s office, USCIS Director and Deputy DHS Secretary, Alejandro Mayorkas, pressured ICE officials to expedite and approve the processing.
Ms. Johnson’s reward for whistle blowing was ICE taking her weapon and ICE credentials, along with her government vehicle and access to her place of employment. In addition, the Agency issued a Proposal to Remove based upon charges that had absolutely no basis. When a social worker working with the Johnson family with respect to her adopted children contacted ICE, she was told that Ms. Johnson was terminated for a criminal offense. As a result, Ms. Johnson nearly lost her 1 year old adopted child. Morris E. Fischer, Esq. and Daniel Kenney, Esq., of Counsel to the firm, litigated the case before the Merit Systems Protection Board, where the matters were resolved to the satisfaction of the parties.
Ms. Johnson's case against ICE was not the first nationally reported litigation against ICE of which my firm has been a part. In 2012, my firm litigated on behalf of two whistle blowers against the Department of Homeland Security. In Hayes v. Napolitano, James T. Hayes, Jr., complained about sexual harassment committed by Suzanne Barr, Chief of Staff for the Immigration and Customs Enforcement Agency. Mr. Hayes was then targeted with retaliation, including investigations conducted against him by the Agency, which demonstrated no wrong doing. After a storm of national media attention and aggressive litigation, Ms. Barr was forced to resign and Mr. Hayes maintained his position as the Special Agent in Charge of the New York office and a $175,000.
In May, 2014, another high profile case I litigated was reported by the Maryland Daily Record,Atkinson v. The Baltimore City Police Department, 12-cv-3405 (WDQ), a disability discrimination case involving an injured Baltimore City Police officer, who after recovery, was still perceived as disabled and denied reinstatement. The case settled for $100,000.
In March, 2015, my law office won an appeal in The Court of Special Appeals of Maryland, making that the sixth different Appeals Court in which Morris E. Fischer, Esq. has prevailed. The case, Staffing Alternatives, Inc. v. Marilyn Saunders, No. 0109, dealt with a Maryland citizen first denied unemployment benefits for gross misconduct. The Circuit Court reversed and the Special Court of Appeals of Maryland affirmed the reversal, holding that an employee who surfed the internet at work a handful of times did not commit gross misconduct to deny benefits.
Actively involved in the legal community, in March, 2012, I testified before the Maryland House of Delegates, House Ways and Means Committee on the Maryland Civil Rights Tax Relief Act (CRTRA), with the aim to prevent the taxation of non-economic damages in the employment law settlements and awards.
I have tried cases in New York, Washington, DC, Maryland, Texas, and Mississippi, where he and local counsel obtained a successful $870,000.00 federal jury verdict. In 2012, I won a $250,000 jury verdict, plus $208,000 in attorney fees and interest, against the Secret Service (Department of Homeland Security) for a federal employee; a case that had been previously litigated for 19 years.
I have also won jury trials both representing the employee and the employer. Between 2015 and January 2018, I represented the employer, Ergo Solutions, Inc., against a former employee who asserted a retaliation claim for filing an EEOC charge and subsequently having her telework removed. After three years of litigation, we obtained a DEFENDANT'S VERDICT, at the close of a three-day jury trial in Washington, DC. The jury found for our client in that Ergo Solutions, Inc. had valid reasons for removing the employee's telework, completely unrelated to her EEOC claims. I am thankful to Ergo for selecting my law firm to represent them in this matter.
I am actively involved in the Dystonia Medical Research Foundation, Mid-Atlantic Regional Conference, where I have been a featured speaker on Dystonia and the ADA since 2010.
- Hatter v. Washington Metropolitan Area Transit Authority, U.S. District Court, DC, Case No: 1-14-CV-01470-TSC Disability Discrimination case against WMATA that settled confidentiality after U.S. Federal District Court Judge, Tanya S. Chutkan, denied Summary Judgment to WMATA.
- James Crawford v. Elaine C. Duke, United States Court of Appeals for District of Columbia Circuit, 16-5063 Title VII retaliation case against DHS in which on Appeal, we obtained a reversal of the U.S. Federal District Court Judge, who earlier dismissed the case.
- Keegan v. Social Security Administration We represented a national whistleblower, Michael Keegan before the United States Senate Committee on Homeland Security & Government Affairs and currently before the MSPB.
- Taylor Johnson v. Department of Homeland Security, MSPB No: SF-1221-16-0004-W-2 We represented a national whistleblower, Taylor Johnson, who testified before the United States Senate Committee on Homeland Security & Government Affairs and before the MSPB. The case made national headlines and settled confidentially after a hard-fought litigation.
- Robinson v. Ergo Solutions, LLC, United States District Court, District of Columbia, 14-00379-JDB, We represented the DEFENDANT, Ergo Solutions, Inc., on a Title VII and DCHRA retaliation claim. After three years of litigation, we obtained a DEFENDANT'S VERDICT, at the close of a three-day jury trial in Washington, DC.
- Belanger v. Department of Homeland Security, M.S.P.B. Washington regional office, DC-0752-15-0985-I-2 Won at M.S.P.B. hearing for reinstatement, all back-pay and all attorney fees.
- Lyons v. District of Columbia, U.S. District Court, District of Columbia, Case No: 1:14-CV-00278-ABJ Reverse race discrimination case that made national headlines. Case settled confidentiality after defeating the District of Columbia’s Summary Judgment attempts.
- Czerska v. HHS, et al, U.S. District Court, District of Columbia, Case No. 15-0129 National whistleblower who’s claim made The New York Times. We obtained a confidential settlement after years of litigation.
- Annette bates v. Department of the Treasury, MSPB case, Denver field office (October, 2015) MSPB whistleblower accused of incompetency as an auditor. The case settled a week before hearing and settlement terms included a combination of $190,000 for back pay, compensatory damages and attorney fees as well as all negative information from Ms. Bates’ personnel file removed.
- Toledo v. Department of Homeland Security (ICE), EEOC No. 510-2017-00168 Obtained default judgment against ICE for failing to complete the Report of investigation within 180 days.
- Hayes v. Napolitano, U.S. District Court, District of Columbia, 12-825 (ABJ) (retaliation case against the Immigration and Customs Enforcement agency for sexual harassment and gender discrimination; national press coverage, including NBC's Today show, Fox News, CNN, Wall Street Journal, The New York Times and Washington Post. Case resulted in ICE Chief of Staff resigning and $175,000).
- Mogenhan v. Napolitano, Secretary, Case No. 08-5457 (Summary judgment reversed on an ADA failure to accommodate retaliation case).
- Mogenhan v. Napolitano, 1:98-cv-00817-JDS (Jury verdict for Plaintiff, $250,000 for compensatory damages and $200,542.40 in court awarded attorney fees).
- Atkinson v. The Baltimore City Police Department, U.S. District Court, District of Maryland, Civil Action No. 12-cv-3405 (WDQ) (disability discrimination case against the BPD settled for $100,000 and was reported by the Daily Record and Verdict Search).
- Hitchcock v. Atlantic Southeast Airlines, Case No: Civil Action No. 1:04CS70-M-D (wrongful termination, resulting in $870,000.00 trial verdict).
- Yvonne Glover v. U.S. Department of Veterans Affairs, Case #1:10-cv-00007-LJB (full reinstatement, back pay and attorney fees for wrongfully terminated federal employee)
- Sharma v. Howard County, U.S. District Court, District of Maryland, Civil Action No. 1:12-cv-02269-JKB (Violation of Electronic Communications Privacy Act case that settled for $50,000).
- DiIenno v. Home Depot USA, Inc., U.S. District Court, District of Maryland, 1:14-cv-0400-RDB (retaliation case after district manager protested policy that required each manager to promote “one diverse and one female” to supervisory positions in violation of Title VII. Case resolved for confidential settlement).
- Texeira v. United States Postal Service, 2008 U.S. App. LEXIS 4335 (Fed. Cir. Feb. 28, 2008) (Successful appeal vacating the M.S.P.B.'s final decision of discipline).
- Welch v. U.S.P.S. (discrimination and M.S.P.B. case, resulting in a $162,000.00 settlement).
- Crowley v. U.S. Department of Commerce, Complaint Number 51-2011-00348 (Prevailed on Final Agency Decision, delay of reasonable accommodation, supervisor disciplined damages and attorney fees to be awarded).
- Mosbriantanha v. Patchlink, Corp. (discrimination case resulting in a confidential settlement).
- Shirmohammadi v. Patchlink, Corp. (discrimination case resulting in a confidential settlement).
- Reddick v. Haulette, Inc. (unpaid sales commissions claim, confidential settlement).
- Christine Miller v. Countrywide Home Loans, (Sexual harassment case resulting in confidential settlement (see client testimonial)).
- Rodney Payne v. Department of Commerce, 09-01808 (JEB) (Failure to promote, gender discrimination, resulting in full back-pay and attorney fee award).
- S.B. v. U.S. Navy, USN-C No. 12-04698 (security clearance matter, federal employee reinstated and security clearance revocation reversed).
- D.H. v. Navy, USN-C12-09095 (security clearance matter, federal employee reinstated and security clearance revocation reversed).
- Tadalan v. Johnson, U.S. District Court, District of Columbia, 1:11-cv-01019-CKK (sexual harassment case against U.S. General Services Administration, resulting in settlement of $55,000 and 80 hours of restored leave).
- Dorney v. Department of the Army, MSPB case, DC-1221-11-0556-B-1 (discipline action against federal employee, resulted in withdrawal of disciplinary actions and $30,000 to employee for damages).
- Dorney v. Department of the Army, MSPB case, DC-1221-11-0556-B-1 (Administrative Law Judge awarded sanctions in favor of Morris E. Fischer, Esq. and against the Department of the Army for failure to pay the settlement timely and correct federal employee's service record).
- Morin v. United States Postal Service, MSPB DC-0752-11-0876-I-1 (Postal Service rescinded proposal to remove and removal letter; full back pay restored and $18,750).
- Larry A. Jamison v. Veolia Transportation, Case No. 8:10-CV-01829-PJM (failure to accommodate disability case; settled before trial after surviving Motion for Summary Judgment).
- Sawhney v. Vocus, Case No. 8:11-cv-03328-JFM, (failure to accommodate disability claims survived Summary Judgment; Defendant represented by outstanding defense Attorney, John Scalia, Esq., son of U.S. Supreme Court Justice, Antonin Scalia).
- Craghead v. Ivize Services,Inc. a/k/a Modus, LLC (failure to pay employee promised shares of stock at true value; case settled after filing of opposition to Defendant's dismissal motion).
- Hutchinson v. Ivize Services,Inc. a/k/a Modus, LLC (failure to pay employee promised shares of stock at true value; case settled after filing of opposition to Defendant’s dismissal motion).
- Gibbs, et al V. WMATA, United States District Court, District of Columbia, 1:12-cv-01388-CKK Firm represented three minority WMATA escalator mechanics in wrongful termination claims. Case beat Summary Judgment then resolved for confidential settlement.
- Staffing Alternatives, Inc. v. Marilyn Saunders, Court of Special Appeals of Maryland Unemployment matter in which we reversed the Administrative Law Judge. The Special Court of Appeals of Maryland affirmed the decision and found in our favor.
- Diane Williams v. Baltimore City Community College, et al, Case No. 1:12-cv-00238 Federal disability discrimination case which survived Summary Judgment, then settled for $80,000.
- John Welsh v. AmericaHomeKey, Inc., et al, Case No: 389561-V, Maryland Circuit Court, Montgomery County, 1.9 million dollars awarded by Judge Ronald B. Rubin on Default Judgment, following damages trial.
- Homa v. Ambu Inc., Maryland Circuit Court, Anne Arundel County, Case No: C-14-187983 $2,000,000 Age Discrimination lawsuit on behalf of former company President and C.E.O. which we litigated for a year and half before defeating Summary Judgment leading to a confidential settlement.
- Bullard v. Motorola, Inc., U.S. District Court, District of Maryland, Case No: 1:08-cv-03311-WMN, Major Age Discrimination case brought on behalf of former Director of Motorola’s Contracts and Compliance department for government contracting. Case settled for confidential settlement after discovery.
In addition to employment litigation, Mr. Fischer has reviewed, drafted and negotiated hundreds of employment contracts as well as many high dollar sales commission agreements, separation agreements, employee handbooks and offer letters. He provides clients the necessary confidence to navigate the challenging waters of job change.
Secrets to Your Top Recovery, first published by Morris E. Fischer in 2008, is now in its Third Edition. It is a book written specifically for clients and serves as a comprehensive guide to the litigation world of employment law cases. Clients of the firm receive it complimentary when retaining the law firm.
In addition, Mr. Fischer has published the following works: Journal of the Suffolk Academy of Law, Why Shrink Wrap Licensing Agreements Should Be Enforceable Against Software Users Knowledgeable of Their Existence, Volume 12, 1998 and Contract Actions, Debt Collection, Your Guide to Making People Pay Up, Baltimore City Bar Association, Education Committee (2001). Mr. Fischer was also featured in the New York Post in an article, Girl Crazy, Did Donald Do Stacie J. Wrong? New York Post, September 28, 2004. Other articles he has published include the following:
- Playing Professional Responsibility Hardball With Federal Agency Lawyers - Part Two
- Playing Professional Responsibility Hardball With Federal Agency Lawyers
- When Is a Sales Commission Legally Earned?
- Critical Strategies in Maximizing Damages Awarded At a Jury Trial or at Mediation
- Legal Considerations When Accepting a Draw
- The ADA Does Not Protect Persons With Bipolar Disorder in the Fourth Circuit
- Have You Been Retaliated Against? - Some Helpful Pointers
- Government Promises of Pension Benefits - Beware!
- Are You Entitled to Law Enforcement Officer Retirement?
- Telecommuting and the American With Disabilities Act: Look Out for the “Coffee Cup” Defense (published by Ezine)
- Debt Collection, Your Guide to Making People Pay Up, Baltimore City Bar Association, Education Committee (2001)
- Featured in New York Post article, Girl Crazy, Did Donald Do Stacie J. Wrong (New York Post, September 28, 2004)
Admitted to the state courts of Maryland, New York and the District of Columbia. Admitted to the federal courts of the following: United States District Court, District of Columbia, United States District Court, District of Maryland; United States District Court, Southern District of New York; United States District Court, Eastern District of New York; The United States District Court, District of Colorado; The United States Court of Federal Claims; The United States Circuit Court of Appeals for the Fourth Circuit; The United States Court of Appeals for the Third Circuit; The United States Court of Appeals for the District of Columbia Circuit; The United States Circuit Court of Appeals for the Armed Services; The United States Circuit Court of Appeals for the Federal Circuit; and The Supreme Court of the United States.