At the April 30, 2018 Supreme Court session, Weinick joined a group of lawyers from Hofstra Law School for a group swearing in ceremony at the court. Making the day all the more special, the group included Hofstra’s dean and former Chief Administrative Judge of New York, A. Gail Prudenti. Promptly at 10:00a.m., the Court was called to order and the Chief Justice and Associate Judges of the Supreme Court took the bench. Hofstra Professor J. Scott Colesanti read the motion to admit Weinick and the rest of the Hofstra group. Chief Justice John Roberts granted the motion. Before the conclusion of the session, the Clerk of the Court Scott S. Harris read the lawyers their oath and the newest members of the Supreme Court bar were sworn in.

Following the ceremony, the group was escorted to the lawyers’ lounge. Justice Ruth Bader Ginsburg stopped in to share some stories with the lawyers and their guests, then the Court’s photographer took a group picture.

On his admission, Weinick states that the opportunity to join the ranks of the Supreme Court bar is truly an honor. Weinick notes further, “The privilege to practice law at the Supreme Court also represents an extension of our service to our clients at Famighetti & Weinick PLLC. We can now represent clients at all levels, from the lowest level trial courts all the way up to the Supreme Court, the highest court in the nation.”

For more information about appeals, the Supreme Court, or employment law, contact a Long Island employment lawyer at Famighett & Weinick PLLC. Our phone number is 631-352-0050 and our website is https://www.linycemploymentlaw.com.

AVVO is website which maintains attorney profiles and issues ratings to the lawyers on its site. According to AVVO, the ratings “evaluate a lawyer’s background.” Their ratings use “a model that considers information the lawyer has included on their profile in addition to the information [it] collect[s] from public sources.” That information is “considered and weighted by [their] mathematical module to calculate a numerical rating, ranging from 1 to 10.”

Famighetti’s profile notes his many accomplishments, including selection to the “Super Lawyer’s” list from 2014 to 2017, verdicts, publications, and speaking engagements. Additionally, AVVO collects peer reviews and client testimonials. For example, former client “Michael” wrote about Famighetti that “there is no one who will represent you in a more professional and personable manner that this man.” Former client “Danielle” said that Famighetti “did an amazing job.” Jaime Roth, an attorney who opposed Famighetti in an employment case was apparently so impressed with him that she wrote, “Peter and I were opposing counsel in a challenging employment discrimination matter. He is a zealous advocate for his clients.”

With Famighetti’s rating at 10.0, both of Famighetti & Weinick PLLC’s founding partners are rated 10.0 by AVVO. Employment lawyer Matthew Weinick received a 10.0 rating several years ago and has maintained the rating ever since. Weinick’s profile likewise notes his accomplishments such as nomination to the “Rising Stars” Superlawyers list, his many publications and speaking engagements, and successful outcomes.

On his rating, Famighetti stated “The AVVO 10.0 rating is a special recognition which I am honored to receive. I believe the rating reflects the hard work I put into handling employment cases and the attention I give to my clients.”

At Famighetti & Weinick, we are very proud of Famighetti’s accomplishment. If you would like to congratulate him or speak to him about an employment case, he can be reached at 631-352-0050 x 200. To learn more about Famighetti and all of our Long Island employment lawyers, visit our website at https://www.linycemploymentlaw.com.

Matt graduated cum laude from Hofstra Law School. While at Hofstra, Matt served as notes and comments editor of the Hofstra Labor and Employment Law Journal, which also published his article about workers’ rights. Matt interned for United States District Judge Denis R. Hurley while in law school.

After graduating from law school, Matt worked for the Nassau County Attorney’s Office where he was assigned to the General Litigation Bureau, handling employment law matters as well as “Constitutional torts” in which Matt defended Nassau County employees such as police officers and corrections officers, in lawsuits alleging violations of citizens’ Constitutional rights. Among the high profile cases Matt worked on was a lawsuit alleging the police department’s use of mounted police was unconstitutional and another case alleging Nassau County’s decision to post pictures of individuals arrested for DWI was unconstitutional.

In 2010, Matt entered private practice and worked for a highly regarded employment litigation firm on Long Island. Matt represented employees alleging claims of employment discrimination and retaliation. Matt also worked on other complex matters handled by the firm. For example, Matt represented a party in a litigation arising from the investment in and subsequent bankruptcy of a large Las Vegas casino/hotel, he defended the owner of an automobile dealership in a lawsuit contesting ownership of the dealership, and he represented the beneficiary of the estate of the “godfather of rap” in a dispute related to the administration of the estate.

In 2013, Matt joined with Long Island employment lawyer Peter J. Famighetti to open Famighetti & Weinick, PLLC. At F&W, Matt continues to fight for workplace rights by bringing claims against employers for workplace discrimination, sexual harassment, hostile work environment, and retaliation. Matt also represents business owners and successfully defeated a limousine drivers’ attempts to bring a class action lawsuit for allegedly unpaid tips and overtime against a limousine company.

Matt routinely appears in the federal and state courts of New York at both the trial and appellate levels. Among his achievements, he won a plaintiff’s jury verdict for $150,00 in emotional damages in a First Amendment political association case, he won $100,00 in damages after a hearing on his client’s defamation case, and he obtained a judgment for more than $350,000 for his client who was not paid the proper minimum wage and overtime. His cases have received attention from the press and he has been interviewed by newspapers such as Newsday, the New York Post, and the New York Daily News.

Matt’s work has been commended by judges, attorney review websites and magazines, and clients. For instance, Matt received a 10.0 rating from attorney review website AVVO, he has been listed as a Rising Star in Super Lawyers Metro Magazine for 6 straight years, and a United States Magistrate Judge described Matt as “an experienced attorney . . . primarily in employment litigation” and noted his court submissions were “detailed, thorough, and accurate.” About her experience with Matt, former client “Sara” said “Matt Weinick is an excellent attorney. With his assistance I was able to get exonerated from false allegations against me.”

Additionally, Matt is devoted to the Long Island legal community. He is the secretary of the Nassau County Bar Association’s Labor and Employment Law committee, he has published multiple articles about employment law in the Bar Association’s newspaper, he has given Continuing Legal Education classes on employment law and led other discussions about civil rights laws, and he is a Guest Lecturer at Hofstra Law School where for three years, he has taught the Foundational Lawyering Skills class to second year students.

On the personal side, Matt is an avid SCUBA diver and he has dove in exotic locations such as the meso-American reef system in Mexico and the Catalina Islands in Costa Rica. Matt also loves music and plays guitar and when not in the office, Matt can often be found practicing playing. For nearly 24 years, Matt has volunteered in his community as an Emergency Medical Technician and/or Firefighter.

If you would like to speak to Long Island employment lawyer Matthew Weinick, he can be reached by phone at 631-352-0050 x 100, by email at mbw@fwlawpllc.com, or by text message at 631-629-2102. His website profile is available at https://www.linycemploymentlaw.com/matthew-weinick.

On July 27, 2017, New York’s Federal appellate court decided a case which discusses a qui tam action and the retaliation provision of the False Claims Act.

The first issue in Fabula v. American Medical Response, Inc., was whether the plaintiff’s complaint satisfied the particularity standard.

In the Fabula case, Fabula worked as an Emergency Medical Technician (“EMT”) for AMR (“American Medical Response, Inc.”). AMR is the largest ambulance company in the United States. AMR can be reimbursed by Medicare and/or Medicaid depending on the reasons for transporting the patient. Fabula was fired after he refused to falsify a Patient Care Report (“PCR”) so that it could qualify for Medicare reimbursement. There was also a history of other EMTs and paramedics being forced to falsify documents so that AMR could be reimbursed. For these reasons, this qui tam action alleged that AMR defrauded the government by submitting false claims for Medicare and Medicaid reimbursement.

Filing a Qui Tam Lawsuit

To start a lawsuit, the plaintiff must file a complaint with the court. The complaint is a document which states the facts that the plaintiff alleges occurred and that make the defendant liable to the plaintiff. In a federal lawsuit alleging fraud, there is a heightened pleading standard. In other words, the plaintiff must state with particularity the facts that occurred which caused the fraudulent action. If not, the complaint will likely be dismissed.

The lower court, ruled that the complaint in the Fabula case did not satisfy the particularity standard because the complaint did not state, among other things, details about invoice numbers and invoice dates. The Second Circuit disagreed and declined to require that every qui tam complaint needed to state the false invoices that were submitted to the government. Instead, the particularity standard can be satisfied as long as the facts alleged in the complaint create a strong inference that false claims were submitted to the government and that the other party “peculiarly” has the specific information needed to identify the false claims.

Whistleblower Qui Tam Retaliation

The second issue in the Fabula case was whether Fabula was fired in retaliation for refusing to falsify a document.

The lower court ruled that Fabula’s refusal to falsify the document was not considered “protected activity,” which is one of the requirements for a retaliation claim. The Second Circuit, however, again disagreed with the lower court and ruled that Fabula’s refusal to falsify the document was considered “protected activity” because his refusal made it difficult, or even impossible, for AMR to file a false claim and be reimbursed for that particular ambulance run. Thus, Fabula satisfied the retaliation requirement under the False Claims Act because he prevented or stopped at least one False Claims Act violation and as a result, was fired.

In sum, qui tam actions and determining whether an employer retaliated against an employee under the False Claims Act can be complicated.

Long Island Retaliation Lawyers

If you have questions about workplace retaliation, qui tam, or whistleblower cases, contact the Long Island employment lawyers at Famighetti & Weinick, PLLC. Our phone number is 631-352-0050 and our website is http://linycemployment.com.

Today’s employment law blog was written by law student intern Thalia Olaya.

Hofstra Law School is located in Hempstead, New York. Several years ago, the law school began requiring its second year law students to complete the Foundational Lawyering Skills class. According to the Hofstra Law School catalog, the course was designed to “provide students with a basic introduction to core lawyering skills essential to effective practice in a variety of areas (trial practice, litigation, transactional lawyering, alternative dispute resolution, etc.).”

The course has traditionally been divided into two classes per week, one lecture day and one skills day. Weinick has taught the skills days, reviewing with students lawyering techniques such as client interviews, and depositions, as well as trial skills such as opening statements, closing arguments, and direct and cross examinations. Additionally, classes have involved other lawyering skills such as fact gathering and fact presentation.

The Foundational Lawyering Skills class enjoyed its first year in 2015 and Weinick proudly served as one of the initial alumni teachers. Weinick has returned each year to see the program evolve and better serve the Hofstra Law students. In 2016, Hofstra appointed Weinick as a Guest Lecturer and for 2017, Weinick expects to be designated as a Special Instructor.

Weinick enthusiastically participates each year for many reasons, including the opportunity to give back to the Hofstra Law community, the chance to network with students and other alumni instructors, and the ability to continue learning and enhancing his own lawyering techniques.

Weinick is a partner with the Long Island employment law firm Famighetti & Weinick PLLC located in Melville, New York. For more information about Matthew Weinick, his firm, or employment law, visit the firm’s website at https://www.linycemploymentlaw.com.