Restaurant Manager Sexual Harassment Claim — NJLAD Settlement Success

LABOR & EMPLOYMENT · SONG LAW FIRM SUCCESS STORY

Labor & Employment · Sexual Harassment · NJLAD · Retaliation · Settlement · N.J.S.A. 10:5-1 et seq.

Client Profile

Client F, a Korean-American woman in her late thirties, worked as an assistant manager at a mid-sized American restaurant in Bergen County, New Jersey for approximately three years before experiencing repeated sexual harassment by a newly hired head chef. Client F had begun as a part-time server and steadily advanced through promotions. As a single mother raising one minor child, a stable income was essential.

She was fluent in both Korean and English and enjoyed strong professional standing at the restaurant. Her performance evaluations before the incident consistently ranked in the top tier annually.

Case Background

Approximately three months after the new head chef's arrival, inappropriate conduct began. The initial behavior consisted of non-verbal staring and personal conversation attempts, escalating over time to:

• Grazing physical contact during work
• Repeated text messages proposing after-work personal meetings
• Statements implying "I influence promotion decisions"
• Attempted forced hugging at a company dinner

Over eight months, this conduct persisted. Client F verbally reported the behavior four separate times to internal HR and the general manager, receiving only the response, "That's just how the chef is — work it out personally." When Client F began preparing a written complaint, she was abruptly terminated on grounds of "inappropriate work attitude." Her final performance evaluation immediately before termination was still top-tier.

Legal Issues · NJ Statutes and Precedents

This matter involved the following legal issues:

• **NJLAD hostile work environment claim** (N.J.S.A. 10:5-12): Satisfaction of the four-element test from Lehmann v. Toys 'R' Us, 132 N.J. 587 (1993)
• **Employer liability for supervisor sexual harassment**: Applicability of the Faragher/Ellerth defense adopted in Aguas v. State, 220 N.J. 494 (2015)
• **Retaliatory discharge claim** (N.J.S.A. 10:5-12(d)): Causal link between internal complaint and termination
• **Punitive damages exposure**: Senior management ratification standard per Rendine v. Pantzer, 141 N.J. 292 (1995)
• **Damages categories**: Back pay, front pay, emotional distress, attorney fees

Song Law Firm Strategy

At initial consultation, Client F had already preserved screenshots of most inappropriate text messages and had contact information for two dinner-event witnesses. Song Law Firm developed the following strategy:

**1. Evidence Preservation and Expansion**

• Immediate backup of Client F's personal cell phone and email records
• Obtained sworn statements from two dinner witnesses and three co-server witnesses who knew of the harassment
• Confirmed on-site CCTV existence → sent preservation letter to the employer to prevent spot deletion
• Detailed reconstruction of dates and circumstances of the four verbal HR/general-manager complaints

**2. Dual-Track Filing — EEOC/DCR**

• Simultaneously filed with EEOC and New Jersey DCR for dual jurisdiction
• Explicitly claimed both hostile environment and retaliation
• Prepared litigation in parallel without waiting for right-to-sue notice

**3. Superior Court Litigation Preparation**

• Filed complaint in Bergen County Superior Court under NJLAD
• Requested jury trial with no damages cap
• Named both the head chef individually and the corporate defendant

**4. Building Settlement Leverage**

• Delivered initial demand package (fact statement + damages calculation + evidence inventory) to the employer
• Presented jury-trial damages simulation modeling
• Highlighted risk of media exposure and additional victim emergence

Process and Timeline

• **Month 1**: Initial consultation, retainer execution, evidence preservation, preservation letter
• **Months 2–3**: EEOC/DCR dual filing, witness statement collection
• **Month 4**: Superior Court complaint filed
• **Months 5–7**: Employer answer, discovery (interrogatories, document requests, deposition scheduling)
• **Month 8**: Head chef and general manager depositions — exposing weaknesses in employer defense
• **Month 9**: Early private mediation proposed and accepted
• **Month 10**: Substantial settlement reached, no admission of liability, confidentiality clause included

Result

A substantial settlement was reached through mediation. Terms included:

• **Economic damages**: Back pay and front pay reflected
• **Emotional distress damages**: PTSD diagnosis and six months of counseling records supported the award
• **Attorney fees and litigation costs**: Separately borne by the employer
• **Non-admission of liability clause** — employer requirement
• **Confidentiality clause** — mutually agreed
• **Written non-retaliation assurance** — employer agreed to make no negative statements regarding Client F's future employment inquiries

After settlement, Client F secured employment as an area manager for another restaurant group. She continues counseling and provides stable care for her child.

Lessons and Takeaways

This matter illustrates the decisive importance of early evidence preservation and internal complaint methodology in NJLAD sexual harassment cases. Practical lessons include:

**First**, document inappropriate conduct immediately upon occurrence in a personal cell phone or personal email; text messages, emails, and CCTV should be backed up right away. Because Client F voluntarily preserved screenshots, post-hoc denial was impossible.

**Second**, internal complaints must be made **in writing** (email counts). Verbal complaints allow the employer to deny receiving them, weakening the ability to defeat the Faragher/Ellerth defense. Client F's four verbal complaints had to be reconstructed via witness statements; written records would have been far stronger.

**Third**, an abrupt termination during preparation of an internal complaint is strong circumstantial evidence of retaliatory discharge. Consult an employment attorney within the NJLAD 2-year statute to determine timing and method of suit.

**Fourth**, the dual-track approach (EEOC + DCR + Superior Court) is advantageous for both jurisdictional coverage and settlement leverage.

**Fifth**, working with a Korean-American attorney who can communicate directly in Korean makes a real difference in emotional trauma management and cultural context comprehension.