By: Dan Sweetser
On May 13, 2021, Judge Kenneth Chu of the National Labor Relations Board (“NLRB”) Division of Judges entered a verdict in favor of a large medical testing company represented by Partner Dan Sweetser.
The complaint alleged that Dan’s client discharged a former employee in retaliation for soliciting co-workers to join a union. Under The National Labor Relations Act it is unlawful for an employer to retaliate against employees for union activity. Dan’s client vigorously denied any wrongdoing and maintained that the employee was discharged for misconduct.
After a two-day trial before Judge Chu and extensive post-trial briefing, Judge Chu entered a verdict in favor of Dan’s client. In a 16-page opinion, Judge Chu found that Dan successfully proved that the client discharged the employee for misconduct and as a result dismissed the complaint. The client was understandably delighted with Judge Chu’s decision. The client’s General Counsel stated: “We are very appreciative of the time Dan devoted to the case preparation in order to present a compelling and effective defense.”
Dan Sweetser is a partner and chairs the firm’s Employment Law Department. Dan has been practicing for 30 years. In addition to Employment Law cases, Dan handles a variety of Business Litigation matters for his clients in the State and Federal Courts of New Jersey and Pennsylvania. To contact Dan please email him directly at dsweetser@szaferman.com or call (609) 275-0400.
