Jan 12, 2024 - OUTCOME: Trial Win
Prevailed on an MSPB decision mitigating a termination to a twenty one day suspension and reversed a lack of candor charge.

Sep 29, 2023 - OUTCOME: Defeated Summary Judgment Twice - Settlement of $125,000 and attorney fees and costs.
Represented GSA employee with multiple disabilities including severe ADHD and autism who was denied a job coach as a reasonable accommodation request submitted by his psychotherapist. The government failed to respond to the request and contended that its other accommodations satisfied the request. Prior to retaining Morris E Fischer, LLC, Mr. Cogdell litigated his case, with a well-known, competitor law firm and lost before the EEOC and lost at hearing. The federal case, the case in which we provided representation, involved four expert witnesses, including two psychiatrists, who each provided very complicated medical testimony on psychiatric testing and treatment, and two Summary Judgment motions made by the government that were both successfully defended.

May 02, 2023 - OUTCOME: Won Case on Summary Judgment
Prevailed on Summary Judgment on a wrongful termination due to disability and failure to grant a reasonable accommodation.

Nov 02, 2022 - OUTCOME: Won Appeal
Prevailed on an OFO appeal on a complicated issue dealing with the effective date of a personnel action regarding the termination of a temporary promotion.

Sep 23, 2022 - OUTCOME: Trial Win
Obtained an MSPB decision mitigating a termination to a thirty day suspension.

Jun 09, 2022 - OUTCOME: Trial Win
Mr. Borges-Silva was a high performing communications officer in the EPA's Office of Pesticide Programs. He was the chief agent responsible for responding to webmail, national press inquiries and the production of press packages for high level pesticide developments. A new supervisor somehow found my client's work substandard and began nit-picking at his webmail responses that were otherwise excellent. Four female co-workers testified in Mr. Borges-Silva's overwhelming knowledge, congeniality, excellent work habits and his teamwork. When my client complained about gender discrimination, he was placed in an Opportunity to Demonstrate Acceptable Performance ("ODAP") (the EPA's version of a Performance Improvement Plan). the Court found that my client was a victim of Title VII discrimination, retaliation. and that he should have never been placed on the ODAP.

Mar 18, 2021 - OUTCOME: U.S. Fourth Circuit Court of Appeals - Lower Court's decision vacated and remanded in part
Our client, Michelle Williams, was a Director of Broadcast Operations and oversaw Morgan State University's broadcast operations, including the radio station (WEAA 88.9 FM), BEAR TV, campus television station and student run radio station (WMUR). The case involved retaliation against Ms. Williams for refusing to interfere with the 2016 Baltimore City Mayoral election by favoring a candidate at a debate. It also involved retaliation for Ms. Williams refusing to endorse certain university operating expenses she deemed wasteful. In a case teaming up with Daniel E. Kenney, Esq., a former senior associate of Morris E. Fischer, LLC, we navigated a very complicated case involving issues of law involving retaliation in violation of the National Defense Authorization Act for Fiscal Year 2013, 41 U.S.C. 4712 and Section 1553 of the American Recovery and Reinvestment Act of 2009 Pub. L. No. 111-5, 123 Stat. 115, 297-302. After a dismissal by the Maryland Federal District Court, The Fourth Circuit Court of Appeals remanded the case on the complex issue of waiver of sovereign immunity by the State of Maryland.

Mar 10, 2021 - OUTCOME: Race Discrimination Case - Summary Judgment Defeated
Our client, Dr. Kayimbi Tubajika, an internationally recognized Plant Pathologist expert, with a Ph.D in Plant Pathology, more than twenty eight years of field experience, 50 published peer reviewed manuscripts, 95 proceedings and abstracts, and 21 technical bulletins, was passed over for a GS-14 Program Coordinator position. The USDA claimed that he lacked budgeting experience, totally untrue. Furthermore, the selecting official changed the job qualifications, linking a new key attribute of "budgetary experience" to match the resume of the White male she promoted instead. Following the Court's denial of the Agency's Summary Judgment motion, settlement talks ensued.

Oct 08, 2020 - OUTCOME: Confidential Settlement Agreement
We represented Rafael Quintero, a Bureau of Prisons Federal employee who was passed over for selection of a Correctional Counselor position in Los Angeles on two occasions. On one occasion, the selecting officer made disparaging marks about Mr. Quintero's medical condition. On the other, management specifically stated they wanted a female for the position, a Title VII, gender discrimination violation. The case resulted in a confidential settlement agreement.

Sep 08, 2020 - OUTCOME: Confidential Settlement Agreement
We represented a former U.S. Drug Enforcement Administration, GS-13, Intelligence Analyst in the United States Federal Court, in Honolulu, Hawaii. Our client, a woman, had a long and dedicated career of military and federal, civil service prior to accepting a position in Hawaii, where her work assignments were diminished, she was disparaged due to her gender and disability, ridiculed, marginalized at meetings and her co-workers were directed not to allow her to assist them with analysis, which was her job. After a year of litigation at the Federal level, our client obtained a confidential settlement.

Jun 19, 2020 - OUTCOME: Confidential Settlement Agreement
Our office represented Assistant Vice President, Charge Off Operations Manager. In October 2018, our client identified an $850 million error caused by the Bank's loan charge off macros that caused the Bank to incorrectly claim hundreds of millions of dollars to the Bank's reported assets. The situation arose because the Bank utilized a spreadsheet "macro" algorithm that calculated loan values, defaults, and asset values. However, that algorithm contained a critical error that caused the loan values and Bank assets to, at times, be dramatically overstated. Our client blew the whistle on that issue. Also, our client blew the whistle on a bank practice in which the bank cherry-picked selective loans and settlement and applied those transactions to make the forecast appear real to both investors and the federal government. However, these accounting methods were mirages and the true mortgage portfolio reflected something very different. After his disclosures, the bank fired our client. After we were retained, we aggressively got involved and told the company that these practices violated the Sarbanes Oxley Act, 18 U.S.C. §1514A which prohibits retaliation against whistleblowers that (1) provide information…regarding any conduct which the employee reasonable believes constitutes a violation of [the securities laws] to "a person with supervisory authority over the employee…" §1514A(a)(1). We successfully negotiated a substantial confidential settlement.

Jun 04, 2020 - OUTCOME: Confidential Settlement Agreement
Our office represented a highly experienced financial-tech executive, who had a long and established career including senior roles of Head of Advisory and Operations and Group Decision Science. He was also a former senior executive with Goldman Sachs. He was recruited away from his last major N.Y. Investment Banking employer to a premier growing financial technology firm with a $5.5 billion valuation. Unfortunately, about six weeks after he began employment before he could even assemble his team, the new employer terminated him contending that they were going in another direction. Without filing a lawsuit, we successfully negotiated a confidential severance package for our client and reached a settlement within six weeks of our involvement. The settlement included a cash settlement payment and immediate vesting of stock options, potentially worth millions.

Jun 17, 2020 - OUTCOME: Confidential Settlement Agreement
Our Client was an Administrative/Technical Specialist. His duties included the oversight of the proper distribution of military equipment. Our client was of a different race than everyone else in his component. His first line supervisor imposed certain restrictions on him, thereby preventing him from gaining assistance from his co-workers. Several of his African-American co-workers spoke up on his behalf and attested in their EEO Report of Investigation interviews as to the disparate treatment and racial bias the supervisor demonstrated against him. Because of these co-workers' bravery, we were able to obtain a confidential settlement in the face of our client's removal.

Apr 27, 2020 - OUTCOME: Confidential Settlement Agreement
We represented a Federal employee, a female, who was a Program Analyst, GS-0343-14. She worked in the office of the Chief Component Human Capital Officer. The Chief Component Human Capital Officer and highest-ranking individual in the division made one reorganization decision, to effectively demote and degrade Ms. Belanger's management position by removing her supervisory authority and reassigning her direct reports. The other five male managers at our client's level did not have their jobs impacted. The Agency attempted to explain away these events under the cover of a "reorganization". However, when the Agency couldn't specifically address the disparity in gender treatment at deposition or in Summary Judgment, the EEOC Administrative Judge Denied the Agency's Summary Judgment motion, which led to a confidential settlement agreement.

Nov 14, 2019 - OUTCOME: FEDERAL EMPLOYEE REINSTATED AND SECURITY CLEARANCE REVOCATION REVERSED
Federal employee had his access to classified information suspended clearance revoked for prior drug use, primarily during his college years. Our client was accused of cultivating, manufacturing, processing, selling and distributing illegal narcotics. We successfully obtained a favorable disposition enabling our client to maintain his access to classified information, security clearance and keep his position.

Oct 12, 2018 - OUTCOME: Default Judgment in our favor - Granted by the EEOC, Administrative Judge
My client, Marilyn Garcia was targeted by SAC Miami SIP management in many ways after complaining about discrimination. She received poor undeserved reviews; she was accused of using large amounts of leave unnecessarily; she was issued a letter of reprimand for conduct that occurred four years earlier. We fought the agency tooth and nail at the administrative, Report of Investigation stage and we obtained a default judgment sanction for the agency failing to conduct a timely ROI and misleading the Court about it.

Aug 29, 2019 - OUTCOME: United States First Circuit Court of Appeals sides with Morris E. Fischer, Esq. and Remands the MSPB Administrative Judge's dismissal for Further Proceedings
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

Feb 18, 2020 - OUTCOME: Appeal Won - United States Court of Appeals, District of Columbia Circuit.
Won an appeal upholding a 2019 jury verdict at the United States Court of Appeals, District of Columbia Circuit.

Sep 24, 2019 - OUTCOME: Representing the Defendant - Defendants' Jury Verdict
Another jury trial win defending the company on sexual harassment and gender discrimination charges. In a four and a half day grueling jury trial, the plaintiff alleged that the Ergo Solutions C.E.O. had created a hostile work environment, made numerous unwanted propositions her for sexual activity, sent unwanted, lewd sexual pictures and that Ergo terminated her job after her refusals. The plaintiff sued the company and the C.E.O. individually. After an hour and a half of deliberations, the jury returned a DEFENDANTS' VERDICT.

Jul 27, 2018 - OUTCOME: Summary Judgment Denied - Twice
We represent Kevin Crowley, a USDA Supervisory Information Technology Specialist. In 2008, Mr. Crowley was diagnosed with spinal stenosis and arterial insufficiency, He teleworked two days a week starting in May, 2013. In January, 2015, his supervisor told him that two senior level officials opposed his telework arrangement. Crowley immediately made a formal request for accommodation and two months later he was placed on a Performance Improvement Plan, which he passed. The government moved for Summary Judgment twice and each time, U.S. District Court Judge, Amit P. Mehta denied the government's motion. The Court noted that not only did Mr. Crowley pass the PIP, he demonstrated that the PIP should have ended far earlier than it did because he was satisfying the employer's expectation of his job performance.

May 01, 2018 - OUTCOME: Appeal Reversal of Montgomery Circuit Court Dismissal
We represented Plaintiff, Frances Smith, an African-American woman fired by Riderwood VIII, Inc. for alleged theft, after reportedly wrapping up leftover food in violation of company policy. The Court of Special Appeals of Maryland reversed the lower court's dismissal of the case which held that Ms. Smith failed to properly file her discrimination complaint with the Maryland Commission on Civil Rights. The Appeals Court held that her filing more than met the statutory requirements. The case was reported in the Maryland Daily Record.

Jan 31, 2018 - OUTCOME: We represented the Employer - Summary Judgment granted for Goldberg's Bagels
I'm a big believer in giving back to my local community. Goldberg's Bagels has been a staple of the Silver Spring, MD, business community for many years. We defended the bagel shop from an employee overtime claim that could have cost the bagel shop tens of thousands of dollars. U.S. District Court Judge, George J. Hazel, dismissed the plaintiff's claims on Summary Judgment. It was an honor to be retained by Goldberg's Bagels.

Jan 18, 2018 - OUTCOME: Defendant's Verdict - We represented the Defendant
We represented the DEFENDANT, 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.

Aug 11, 2017 - OUTCOME: Court of Appeals Reversal in Part
Our office represented James Crawford, an African-American, employed by the Department of Homeland Security as a Special Security Officer in the Special Security Programs Division. We successfully appealed the District Court Judge's dismissal of Mr. Crawford's claims of racial discrimination and retaliation involving a performance review with a low score of "zero" and a five day suspension. The Court of Appeals held that the Department of Homeland Security failed to provide Mr. Crawford of fair notice as to making these two claims part of his EEO formal complaint in its communications with him. The Appeals Court also held that Mr. Crawford, pro se at the time, provided enough information to the DHS EEO officer to apprise the agency of these claims. Morris E. Fischer, Esq., successfully argued the appeal on May 4, 2017.

Aug 08, 2017 - OUTCOME: Summary Judgment Denied - Case Settled Confidentially Before Trial
We represented Corwin Hatter, in a disability discrimination case. Mr. Hatter applied for a WMATA bus driver position. Following a medical examination that revealed Mr. Hatter suffered from a moderate form of sleep apnea, a WMATA human resource's manager told him that if he had any form of sleep apnea, he could not be hired by WMATA as a bus driver. As such, Mr. Hatter did not submit his medical reports to obtain his medical certification. In denying Summary Judgment, U.S. Federal District Court Judge, Tanya S. Chutkan, rejected WMATA's argument that Mr. Hatter's failure to submit his medical reports to obtain certification caused his hiring failure. The case settled confidentially shortly before Jury Trial.

Jul 24, 2017 - OUTCOME: Summary Judgment Denied
44-year-old, Angela Royster, a Harford County sheriff's department crime analyst manager, brought suit after former Harford County Sheriff Jesse Bane passed her over for a promotion in favor of a 23-year-old with very little experience. After complaining about discrimination, she was then reassigned to a less favorable work location, a local detention center. There was evidence that former Police Major Christopher Swain engaged in age-related comments, demonstrating a discriminatory animus that influenced the promotion process. This included Major Swain preferring the younger candidate because of her relative youth, referring to her on several occasions as being "young and bright." He also admitted he had a "friendly" relationship with her because she was the same age as his son. In denying the Defendant's Summary Judgment motion, the Court rejected the employer's contention of Ms. Royster's alleged poor work performance, citing the lack of documentary evidence for that contention.

May 22, 2017 - OUTCOME: $40,000 and Two Week Suspension Removed
We represented Dale Orlowske against the U.S. Department of Health and Human Services on an age discrimination and retaliation case. Mr. Orlowske, of Linden, VA, is a GS-14 Senior Intelligence Operations Specialist and was suspended unlawfully for two weeks for allegedly providing false information on a parking pass to a contractor-employee. We contended these charges were fabricated against Mr. Orlowske and a pretext for his age discrimination complaints. Case settled for $40,000 and the removal of the suspension after we successfully defeated the government's 20 exhibit dismissal motion.

May 16, 2017 - OUTCOME: Office of Federal Operations Reverses Agency
We represent Connie Collins-Duke, a registered nurse at the VA medical facility in Salisbury, North Carolina. Ms. Collins-Duke's supervisor breached confidentiality by showing her discrimination complaint to the other unit co-workers. The Department of Veterans Affairs unlawfully dismissed her retaliation claim, contending that she didn't suffer from a hostile work environment and that the breach of confidentiality involves The Privacy Act - not an EEO retaliation claim. The Office of Federal Operations reversed the dismissal, ordered the VA to process the EEO complaint and pay all attorney fees in the EEO complaint processing.

Mar 10, 2017 - OUTCOME: Security Clearance Reinstated
Security clearance revoked by Agency for surfing the internet during work and among other sites frequented, lingerie football. Successfully overturned decision arguing that Client's actions were nothing compared to Hillary Clinton's and she almost became president.

Feb 23, 2017 - OUTCOME: Judgment for Our Client - Lorenzo Toledo
We represent Lorenzo Toledo (the actor - see Filmography - http://www.imdb.com/name/nm2109891/ and ICE special agent) on a harassment and retaliation case. ICE exceeded the 180 day requirement to produce the Report of Investigation. In a highly fought sanction's motion, we advised the Judge of the nine other cases in which Morris E. Fischer, LLC represented ICE employees and ICE blew the same deadline. The Judge granted the rare sanction of total default judgment on liability in favor of Mr. Toledo. A trial on damages is pending. I extend my deep gratitude to Mr. Toledo for entrusting my law firm with his high profile matter and I am pleased with this case result.

Jun 13, 2016 - OUTCOME: Resolved
Senior Immigration and Enforcement Agent, Taylor 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 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. On June 11, 2015, Ms. Johnson testified before the U.S. Senate Committee on Homeland Security and Governmental Affairs regarding her whistle blower matter. She retained Morris E. Fischer, Esq. and Daniel Kenney, Esq. (of counsel to Mr. Fischer's office) to represent her before the Merit System's Protection Board in Los Angeles, CA, where the matter was resolved to the satisfaction of the parties.

Aug 08, 2016 - OUTCOME: Confidential Settlement After Defendant's Summary Judgment DENIED
We represent Jason Geib, a former warehouse manager for PFG. Mr. Geib complained about the lack of promotional opportunities for women at PFG and was later terminated. PFG contended poor performance. We contended that PFG had a ton of management and other issues well beyond Mr. Geib's control. The EEOC issued a determination of probable cause against PFG and the EEOC brought a class action of women against PFG. U.S. Federal Judge, George L. Russell, III, denied Defendant's Motion for Summary Judgment.

Aug 05, 2016 - OUTCOME: Confidential Settlement Before Trial
A former fleet deputy administrator for the District of Columbia's Department of Public Works, Christopher Lyons, was terminated when he brought whistle-blower disclosures involving financial flaws and cover-ups. Mr. Lyons, was repeatedly called, "cracker", "white boy" and other racially derogative terms. His supervisor, an African American, complained on Mr. Lyons' behalf to stop the harassment, but those complaints fell on deaf ears and the supervisor was fired as well by the Fleet management, Deputy Director. On his termination date, Mr. Lyons found a "Get Out White Boy" sign taped to the door of his office. Case made national news and among the national media outlets, was reported on the Fox national website homepage on July 31, 2015.

Aug 02, 2016 - OUTCOME: Discovery Sanction Awarded, Merits Pending
We represent a Social Security Administration ("SSA"), Administrative Law Judge who was investigated and had managerial duties removed because he was in a management chain, which included a supervisor accused of lying to an EEO investigator. SSA later dismissed all charges against our client. SSA had never before investigated an SSA employee on such charges or temporarily removed managerial duties because of this kind of allegation. A female supervisor who also was accused of lying to an EEO investigator didn't have her managerial duties removed. We moved for Summary Judgment on a retaliation claim and await the decision. SSA missed the 180 deadline to produce a Report of Investigation in our Client's case. We brought a sanction's motion that resulted in the EEOC ALJ sanctioning the Agency by requiring SSA to pay for all the discovery costs and fees. We deposed over 15 witnesses across the states of Missouri, Georgia, New York, Maryland and Virginia.

Aug 01, 2016 - OUTCOME: Won at Hearing- All Backpay and Attorney Fees
In an M.S.P.B. hearing win, we represented Ms. Demaris Belanger, who had her security clearance temporarily suspended for alleged improper activity. In addition to restoring her clearance, we litigated at the M.S.P.B, contending that while Ms. Belanger's clearance was suspended, Ms. Belanger should have continued performing her duties because Ms. Belanger's program manager job never required a security clearance in the first place, since that job title didn't require the routine handling of classified information. On August 1, 2016, the M.S.P.B. Administrative Law Judge ordered that DHS compensate Ms. Belanger for her lost earnings during the suspension and all attorney fees be paid.

May 16, 2016 - OUTCOME: Settlement - $100,000 and removal of damaging documents from employee personnel file
We represented Debbie Jones, a Department of Homeland Security Specialist, who after complaining of discrimination was written up for insubordination. Ms. Jones who suffered from diabetes, pulmonary embolism, rheumatoid arthritis and lupus, was denied a handicap parking space for a year and four months. The Agency had little to say in its dismissal motion which failed. Following discovery, case settled for $100,000 at mediation.

Apr 13, 2016 - OUTCOME: Settlement - Full reinstatement (retirement- with corresponding pay and benefits), $170,000, corrected employment record
We represented Dr. Ewa Czerska, a former FDA employee who after working for the Agency for 30 years, blew the whistle on waste, fraud and abuse, including the FDA purposely ignoring radiation warnings regarding General Electric's Healthcare unit. Matter was reported in the New York Times in March, 2010. The Agency removed Dr. Czerska in retaliation of her disclosures. Our law firm took the case over from two previous law firms.

Nov 16, 2015 - OUTCOME: Defendant's Summary Judgment motion Denied, Resulting in Confidential Settlement at Mediation
Complex disability discrimination case brought under the Federal Rehabilitation Act and FMLA violations. Plaintiff, Dr. Melody Southard, was wrongfully terminated and retaliated against after she protested the school's decision to no longer administer the medically recommended diet to her disabled son, a student at the school district in which she taught. A heavily fought litigation in which both sides moved for Summary Judgment. After we successfully survived the County's dismissal motion, the case resolved at mediation for a confidential settlement.

Jun 11, 2015 - OUTCOME: Pending- Case currently in litigation
Morris Fischer represented, 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 damming 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). On June 11, 2015, we represented Mr. Keegan who testified before the United States Senate Committee on Homeland Security & Government Affairs, one of the most powerful committees in all of Congress. This committee is chaired by Ron Johnson, (R-WI) and Thomas Carper (D-DE) serves as the minority ranking member. Well known U.S. Senators, John McCain (R-AZ), Rand Paul (R-KY) and Claire McCaskill (D-MO) all serve on this committee. The testimony was televised nationally by C-SPAN. Mr. Keegan testified to the gross waste by SSA regarding a National Computer Center project in which agency officials misled Congress.

May 21, 2015 - OUTCOME: 1.9 Million, Awarded by Judge Ronald B. Rubin on Default Judgment, Following Damages Trial
Plaintiff, John Welsh, was employed in an Executive Vice-President position at AmericaHomeKey, Inc., a mortgage lending business. Mr. Welsh paid paid $165,000 for his 5% ownership share of the company and was promised he would keep 80% of the profit generated by his retail direct business. Company failed to keep its promises to Mr. Welsh, who brought suit against the company and six individual Defendants, officers of the company. Plaintiff produced millions of dollars in revenues for the company and was told that his commissions were held in rollover accounts which would later be distributed to Ms. Welsh.

May 15, 2015 - OUTCOME: $80,000 Settlement
Federal disability discrimination case brought on behalf of Maryland state employee, Diane Williams, who suffered from Keratoconus. Following FMLA leave after serious eye surgery, Defendant sent a letter to Plaintiff, compelling her return on October 31 or face termination. Plaintiff did not receive the letter until November 3, 2008 and discovery revealed an October 30 postmark. Defendant further attempted to manipulate its independent medical evaluation to mischaracterize Plaintiff's condition. Defendant moved for Summary Judgment, contending that Ms. Williams wasn't truly disabled. Morris E. Fischer, Esq. filed opposition and even without the aid or affidavit from Ms. Williams' eye surgeon, who refused to cooperate, defeated the State's motion (published opinion denying Summary Judgment, U.S. District Court Judge, George L. Russell, III). Defendant later settled at mediation.

Apr 23, 2015 - OUTCOME: Confidential Resolution Following Summary Judgment Denial
Firm represented Frank Homa, former Ambu, Inc., President and CEO, with outstanding career, replaced by a significantly younger, less experienced person. Deposition testimony substantiated Mr. Homa's claims of age discrimination. We brought suit for $2,000,000 and successfully defeated the company's Motion for Summary Judgment.

Mar 26, 2015 - OUTCOME: Unemployment Ruling Reversed- All Benefits Awarded
Unemployment matter in which my law firm reversed the Administrative Law Judge at the Circuit Court level. The company appealed to the Special Court of Appeals of Maryland which affirmed the decision and found in our favor. The Court held that an employee did not commit gross misconduct to deny her benefits by using the internet a handful of times while at work.

Feb 27, 2015 - OUTCOME: Confidential Settlement After Defeating Summary Judgment
Firm represented three Washington Metropolitan Area Transit Authority ("WMATA") escalator and elevator mechanics in wrongful termination claims. Two were African-American and one was Asian-American in WMATA's Elevator/Escalator Department. Eye witness testimony established that these plaintiffs' manager exhibited racist tendencies, including socializing with Caucasian mechanics, but pointedly ignoring minority mechanics on his team. Issues existed involving disparate performance evaluations, as the manager wrote a number of comments on the Caucasian employee evaluations such as, "has been a joy" and "good mechanic with a willingness and knowledge to teach other mechanics...I look forward to working with him." None of these kinds of comments were on the minority employees' evaluations. WMATA accused all three plaintiffs of fraudulently recording escalator comb-impact testing and terminated them accordingly. Our law firm successfully defeated WMATA's Summary Judgment motion to throw the case out before trial. In a 37 page published opinion, United States Federal Judge, Colleen Kollar-Kotelly, held that notwithstanding a WMATA panel's finding that the Plaintiffs' errors were termination grounds, issues of fact existed as to whether the panel was influenced by the Plaintiffs' manager's decision to pursue termination on for reasons of fraud, given the evidence of the manager's racial hostility. Case settled shortly following the Summary Judgment denial.

Nov 30, 2012 - OUTCOME: $175,000, Ms. Barr's Forced Resignation and Mr. Hayes Kept His Position
James T. Hayes, Jr., had a long and distinguished career with the federal government, including serving as Section Chief of the U.S. Immigration and Customs Enforcement's Counterterrorism Operations Section, Unit Chief position, Field Office Director, Detention and Removal Operations and DRO Assistant Director for Field Operations. While serving as Special Agent In Charge of ICE's NY office, Mr. Hayes 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. Case was followed by CNN, NBC, CBS, ABC, Fox News, the New York Times, Wall Street Journal and countless other national media sources.

Oct 21, 2014 - OUTCOME: clean record and $30,000 to employee for damages. In addition, obtained a sanction against the government for failure to timely pay the settlement, including an attorney fee award
The substance of the appellant's allegations are that from 2003 to 2006 she disclosed information that angered a supervisor that caused her to provide negative comments about the appellant's candidacy for the Supervisory Nurse Practitioner position.

May 15, 2014 - OUTCOME: settled for $50,000
Violation of Electronic Communications Privacy Act case that settled for $50,000

May 14, 2014 - OUTCOME: settled for $100,000
Disability discrimination case against the BPD settled for $100,000 and was reported by the Daily Record and Verdict Search

Apr 26, 2014 - OUTCOME: confidential settlement
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

Aug 23, 2012 - OUTCOME: settlement for $55,000 and 80 hours of restore leave
Gender discrimination and retaliation case against U.S. General Services Administration involving unequal distribution of work assignments and denial of training.

Mar 28, 2012 - OUTCOME: Having been promoted to a GS-14, Plaintiff received full back-pay and 100% attorney fee reimbursement.
Mr. Payne applied for and failed to receive a GS-14 Lead Information Technology Specialist. The position went to a less qualified female. We filed a federal lawsuit on his behalf and the case settled after depositions. Mr. Payne performed superbly at deposition, after utilizing a number of techniques in Mr. Fischer's book, "Secrets to Your Top Recovery."

Nov 18, 2011 - OUTCOME: Confidential Settlement After Close of Discovery
High profile age discrimination case in which Morris E. Fischer, Esq., single handedly litigated against four Defense lawyers for Motorola. Plaintiff, Harmon Bullard, who originally brought the case pro-se, spent over 16 years helping to build and develop the U.S. Federal Government Markets Division (USFGMD) Contracts and Compliance Organization infrastructure at Motorola. He responded to over 300 audit points that resulted in the development of numerous policies, procedures and processes. after two years as the acting Federal Division Director of Contracts and Compliance, Mr, Bullard was promoted to fill the position of Director, Contracts and Compliance, the same position he held for over eight years, until his termination. Morris E. Fischer litigated the case for over two years and forced a confidential settlement following the close of discovery. Defendants did not file for Summary Judgment.

Oct 27, 2011 - OUTCOME: Postal Service rescinded proposal to remove and removal letter; full back pay restored and $18,750.
A USPS Customer Services supervisor, assigned to the Research Triangle Park Station in Durham, NC, with a history of discrimination complaints was targeted for termination and then removed from position.

Apr 14, 2011 - OUTCOME: Jury verdict for $250,000 + attorney fees
Ann Mogenhan brought action against the United States Secret Service on a retaliation claim. Ms. Mogenhan's supervisors materially increased her workload after she complained about discrimination and a failure to accommodate her heat triggered headaches.

Jan 14, 2010 - OUTCOME: Full reinstatement, all back pay and attorney fees
Ms. Yvonne Glover, a U.S. Department of Veterans Affairs ("VA") registered nurse, was wrongfully terminated for alleged patient abuse, when Ms. Glover removed a patient's clothing and forcibly removed the patient to a seclusion room. I challenged the removal pursuant to 38 U.S.C. §7462(c) and obtained a two day trial before the VA's Disciplinary Appeals Board. Trial testimony revealed that Ms. Glover committed no such abuse and that she was instrumental in actually saving the patient from a potential suicide attempt.

Feb 28, 2008 - OUTCOME: Full reinstatement to supervisory position, all back pay and attorney fees
I successfully appealed to the United States Court of Appeals, Federal Circuit, against the United States Postal Service in an M.S.P.B. decision which struck down a disciplinary decision against a U.S. Postal Service employee that had stripped her of management responsibility and demoted her to a part-time, entry level clerical position. The Court found that under the factors enumerated in Douglas v. Veterans Admin., 5 M.S.P.R. 280 (1981), this discipline far exceeded the only proven charge of Failure to Follow Proper Timekeeping Procedures.

Nov 01, 2007 - OUTCOME: Jury verdict for $870,000
Shay Hitchcock was falsely accused of homosexual harassment against an employee of Defendant's company, who then spear headed a campaign to have my client terminated.