Publication date: 11.09.2025
Karen Mizrahi Hertz, Esq. — an experienced attorney with over 30 years of practice in employment law, corporate law, and human resources management. She specializes in labor disputes, collective bargaining agreements, contracts, and corporate consulting for both public and private companies. She works as an attorney and consultant on employment and corporate law matters in complex legal cases.
Case Overview
This case presents an example of legal assistance in protecting an employee who experienced forced resignation and violation of his rights as a university faculty member.
The client, Vincent E. Henry, Ph.D., Full Professor and Director of the Homeland Security Management Institute, was coerced into signing a “voluntary” resignation letter under threat of immediate termination.
The case was handled in the United States District Court for the Eastern District of New York. The main objectives of the attorneys included:
- Rights protection of the client in the workplace;
- Document preparation for submission to the court and the EEOC;
- Document processing for a temporary restraining order to prevent forced resignation;
- Case management in court and during administrative proceedings.
This case demonstrates comprehensive work by a lawyer, including filing a legal request, submitting an attorney's inquiry to the employer, and coordinating with government authorities.
Problem Description
The main challenges were:
- After submitting a request for reasonable accommodation due to health conditions (9/11-related), the employer delayed document processing for approval.
- Six days after accommodation approval, the client was presented with a forced resignation letter requiring same-day signature under threat of immediate termination.
- The client had no opportunity for consultation, the employer violated legal deadlines (21-day review period under the Age Discrimination in Employment Act, ADEA), and threatened loss of salary and pension benefits.
- The employer ignored the Collective Bargaining Agreement (CBA) terms, which the client had consistently relied upon, creating grounds for legal action.
Legal Actions and Assistance
Attorneys from Leitner, Varughese, Warywoda, PLLC carried out the following measures:
- Document Preparation and Processing
Document preparation for court submission, including:
- Motion for Temporary Restraining Order (TRO)
- Memorandum of law in support of the case
- Declarations of the client
- Request documents to the employer (Long Island University) demanding suspension of the forced resignation.
- Legal Request and Attorney's Inquiry
- Submission of an attorney's inquiry to temporarily halt enforcement of the resignation letter.
- Filing a legal request to protect the client’s tenured faculty status and other employment rights.
- Case Management and Court Representation
Case management in the United States District Court for the Eastern District of New York.
Preparation of arguments regarding:
- Unlawful termination under ADA, ADEA, and Title VII
- Imminent and irreparable harm to professional standing and salary
- Providing legal protection via filing for a TRO and preliminary injunction.
Case Outcome
The court recognized sufficient grounds for temporary legal protection and suspended the forced resignation.
Case management by attorneys ensured:
- Preservation of the client’s tenured status with full benefits;
- Maintenance of the status quo during EEOC proceedings;
- Continuation of remote teaching under ADA-approved accommodations.
Frequently Asked Questions
Question
1. What is a Temporary Restraining Order (TRO) in this case?
Answer
A court tool allowing legal protection by temporarily stopping enforcement of the forced resignation to prevent irreparable harm.
Question
2. Which documents are required to file such a request?
Answer
Document preparation includes: TRO motion, memorandum of law, client declarations, medical and employment records.
Request documents for the employer can include letters, legal notifications, and prior contracts.
Question
3. What does the lawyer do in such a case?
Answer
Files a legal request with the court and employer, prepares and submits all document processing, provides legal assistance, and ensures rights protection throughout the process.
Question
4. Which rights are protected by the lawyer?
Answer
Employee rights under the ADA (reasonable accommodation), retention of tenured status, protection against age discrimination, salary, and pension rights.
Question
5. How does legal protection affect EEOC proceedings?
Answer
- Ensures case management and maintains the status quo, preventing irreparable harm while the administrative investigation is ongoing.
Proper document preparation and document processing, combined with an active attorney's inquiry, prevented forced resignation.
Filing a lawyer's request and strategic legal assistance ensured full rights protection.
This case highlights the importance of legal protection for employees with disabilities and those over 40, showing how professional case management safeguards workplace rights.
