Morris E. Fischer
Silver Spring, MD
Phone: (800) 209-2608
Fax: (301) 328-7638
In the course of my twenty-four year legal career, I have visited 47 of the 50 states. I have had cases from as far west as Hawaii and as far east as Boston. I have the unique ability to communicate effectively with all kinds of people from all walks of life and solve legal problems in creative and efficient ways.
In 2017, Expertise, a national ranking company, reviewed 150 Employment Lawyers in the Washington, DC Metro area and selected my firm for an award as a top 16 Employment Lawyer. I have won this award three more times between 2018-2020. I have offices in New York City and Silver Spring, Maryland, just outside of DC. In 2020, I was selected to be in 2020 Top 100 Attorneys Magazine.
I will fight wherever and no matter how long I have to on behalf of my clients. I have litigated cases in New York, Massachusetts, Arizona, Alabama, Florida, North Carolina, South Carolina, California, Virginia, West Virginia, Washington, DC, Maryland, Texas, and Mississippi, where I and local counsel obtained a successful $870,000.00 federal jury verdict. In 2012, I won a case against the Secret Service (Department of Homeland Security) for a federal employee; a case that had been previously litigated for 19 years, winning a total of $458,000. We currently represent clients as far west as Hawaii and as far east as Boston. I am admitted to practice law in two states, the District of Columbia and 15 Federal Courts. I have won appeals in eight different Appeals Courts.
Our law firm has also garnered national media attention. In Hayes v. Napolitano, Civil Action No. 12-825 (ABJ) (2012), I represented New York City, Immigration and Customs Enforcement (“ICE”) Chief against DHS Secretary Janet Napolitano's Chief of Staff. in a sexual harassment case which was covered by NBC, CNN, Fox News, The Wall Street Journal, The New York Times, Chicago Tribune, Los Angeles Times, and The Washington Post. The case resulted in the Chief of Staff resigning and a $175,000 settlement without Mr. Hayes being forced to resign.
In Keegan v. Social Security Administration, MSPB No. PH-1221-15-0121-W-1, I represented my client Michael Keegan before the United States Senate Committee on Homeland Security and Governmental Affairs. 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 as well.In another national case, Taylor Johnson v. Department of Homeland Security, M.S.P.B, Case No: SF-0752-16-0320-I-1, we represented Senior Immigration and Enforcement Agent, Taylor Johnson, who reported extensive abuse of the EB-5, USCIS Immigrant Investor Program regarding 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). Ms. Johnson testified before the U.S. Senate Committee on Homeland Security and Governmental Affairs regarding her whistle blower matter. The matter was resolved to the satisfaction of the parties.
We also represent businesses in employment and business litigation. I have won jury trials both representing the employee and the employer. Between 2015 and February 2020, I represented Ergo Solutions, Inc., against two former employees who asserted sexual harassment and retaliation claims. After years of litigation, we obtained two DEFENDANT'S VERDICTS, in 2018 and 2019 respectively. I was also successful in getting a class action suit dismissed against my client. I am thankful to Ergo for selecting my law firm to represent them in this matter.
Having worked on employment law cases from both the employer and employee end, provides me with a unique ability to understand how each of the sides develops its case strategy. We take the time to listen to our clients, understand their frustrations and help them from a legal and financial perspective.
In August, 2019, I won a major appeal in Mount v. DHS, 18-1762, a ground breaking decision in which The United States Circuit Court of Appeals for the First Circuit held for the first time that a Federal whistleblower exhausts his perceived whistleblower claims before the Office of Special Counsel if he includes sufficient factual basis to enable the agency to investigate. This opinion effectively makes it more difficult for MSPB Administrative Judges to dismiss perceived whistleblower claims. Actively involved in the legal community, I am a member of both the Metropolitan Washington Employment Lawyers Association, serving on the Judicial Nominations Committee and I served on the Solo Practice Committee for the New York Employment Lawyers Association. I have 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. That testimony helped produce legislation exempting pain and suffering damages in employment cases from state tax.
In addition to employment litigation, my law office 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. We provide clients the necessary confidence to navigate the challenging waters of job change and solid advice to companies as to avoiding legal pitfalls when unfortunately they have to dismiss employees. Currently, I am involved in the small business ecosystem, as a partner and vendor to tech start-ups.
I have also published several books, including, Maximize Your Employment Lawsuit With My Top Secrets, which guides enabling clients to maximize the attorney-client relationship to give their cases the best chance of winning.
We take the time to listen to our clients, understand their frustrations and help them from a legal and financial perspective.
- Jason mount v. Department of Homeland Security, United States Court of Appeals for the First Circuit, 18-1762 This was an Appeal filed under the All Circuit Review Extension Act in the First Circuit Court of Appeals, Boston, Massachusetts. The MSPB Administrative Judge dismissed Mr. Jason Mount's perceived whistleblower claim, contending that his OSC complaint failed to specify the term, "perceived whistleblower." The Court made new law holding, " [f]or the first time in this Circuit, we hold that the WPA only requires that complainant include sufficient factual basis to enable the agency to investigate." This holding effectively holds MSPB Administrative Judges to a much higher standard in dismissing whistleblower cases. Case picked up by Law Justia: https://law.justia.com/cases/federal/appellate-courts/ca1/18-1762/18-1762-2019-08-29.html
- Base One Technologies v. Thai Dula, United States District Court, District of Maryland, Civil Action No.: 8:18-cv-264-PX We represented Mr. Thai Dula, a former employee of Base One Technologies, Inc., who was sued by his former employer for breach of a Non-Compete agreement. The company also filed a Temporary Restraining Order (“TRO”) against Mr. Dula asking for a Court order directing Mr. Dula to immediately quit his job with the new company. We successfully defended this action against the TRO. That win led to settlement negotiations and the case resolved. l
- 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 and solid advice to companies as to avoiding legal pitfalls when unfortunately they have to dismiss employees.
I have been published in 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)
Licensed in the following states:
- New York (1996)
- Maryland (2001)
- Washington, DC (2003)
Admitted to Practice in these following Federal Courts:
The Supreme Court of the United States; The United States Circuit Court of Appeals for the Federal Circuit; The United States Circuit Court of Appeals for the Armed Services; The United States Court of Appeals for the District of Columbia Circuit; The United States Circuit Court of Appeals for the Fourth Circuit; The United States Court of Appeals for the Third Circuit; The United States Circuit Court of Appeals for the First Circuit; The United States Court of Appeals for the Ninth Circuit; The United States Courts of Appeals for the Sixth Circuit; The United States Court of Federal Claims; The United States District Court, District of Maryland; The United States District Court, District of Columbia; The United States District Court, Southern District of New York; The United States District Court, Eastern District of New York; and The United States District Court, District of Colorado
Membership in the following associations:
- National Employment Lawyers Association (New York Chapter, 2019), served on the Solo Practice Committee
- Metropolitan Washington Employment Lawyers Association (MWELA), served on the Judicial Nominations Committee
- American Association of Jewish Lawyers and Jurists
- Dystonia Support Group of Greater Washington, DC
Tough, aggressive and vigorous litigation are the qualities I utilize on a daily basis to fight and achieve justice for my clients.