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    Categories: Biglaw

Anderson Kill Allegedly Terminated Former CFO Following an Incident

Former Chief Financial Officer of prominent U.S. law firm Anderson Kill, Paul Schwartz, has filed a lawsuit alleging that the firm unjustly terminated his employment following an incident in which he suffered a concussion. The legal action was lodged on Tuesday in Manhattan federal court, asserting that Anderson Kill violated federal and New York discrimination laws by harassing Schwartz into returning to work before he had sufficiently recovered, only to subsequently fire him.

In response to the lawsuit, Robert Horkovich, Managing Shareholder of Anderson Kill, communicated via email that while the firm had not yet received the lawsuit, the described allegations were groundless, and he expressed confidence in the firm’s eventual triumph against them.

According to the complaint, Schwartz, aged 65, disclosed that he sustained a head injury while disposing of garbage in February 2022, and subsequently received a diagnosis of post-concussion syndrome. Despite being advised by a medical professional to limit his working hours, Schwartz claimed to have experienced immediate pressure from the firm to resume work. In May, when Schwartz proposed reasonable adjustments, he asserted that the firm demoted him from his role as Chief Financial Officer, which carried a base salary of $302,000 and a substantial annual bonus, to that of a billing manager, offering a significantly reduced salary of $122,900 and a diminished bonus.

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The lawsuit also alleged that Anderson Kill made unreasonable demands, including mandating that Schwartz work at the office for two days each week as a billing manager. This requirement was contrasted with the accommodations that had been granted to the previous billing manager. The legal action further claimed that the firm unfairly terminated Schwartz’s employment in June 2022.

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Currently, Schwartz serves as the Director of Finance at New York-based law firm Cohen, Weiss and Simon, as stated on his LinkedIn profile. This new role reportedly offers compensation greater than that of an Anderson Kill billing manager, yet falls short of the earnings associated with his former position as Chief Financial Officer.

In his lawsuit, Schwartz seeks damages encompassing lost wages and bonuses that he attributes to the defendants’ alleged “unlawful, discriminatory, and retaliatory conduct.” However, neither Schwartz nor his legal representative, Tiffany Ma of the New York-based firm Young & Ma, immediately responded to requests for comment regarding the lawsuit.

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This legal dispute spotlights the intricate landscape of employment law, underscoring the significance of adhering to discrimination laws and providing reasonable accommodations for employees recovering from medical conditions. The lawsuit underscores the critical role of fair treatment and compliance with regulations within the legal industry itself. As the proceedings unfold, legal experts and observers will undoubtedly scrutinize the case closely for insights into how the courts will interpret the alleged violations of employment and discrimination laws. The outcome of this lawsuit could set precedents for future cases involving similar circumstances and claims, resonating throughout the legal sector.

As the legal community awaits further developments, the case brings to the forefront the importance of respecting employees’ health and well-being while navigating the complex interplay between labor law, workplace accommodation, and fair employment practices.

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Rachel E: