JACKSON – A settlement has been reached in a lawsuit initiated by Jackson’s former Director of Public Works Fred Rasiewicz, who will be paid $850,000.
The lawsuit was filed pursuant to New Jersey’s whistle blower statute, (The Conscientious Employee Protection Act) and alleged that Rasiewicz, who since 2007 had been employed by the township, was fired in 2021 for opposing unlawful and retaliatory employment actions by the township and specifically Mayor Michael Riena and Business Administrator Terence Wall.
Rasiewicz’s lawyer, Steven Cahn of Cahn & Parra in Edison, said his client’s termination was the ultimate result of a dispute several supervisors had with the township over pay and benefits which led to the formation of a supervisors’ union in 2015.
The formation of the union was finalized and Rasiewicz was elected president, a position that he retained until his employment was terminated.
His duties as union president involved various union activities, representing employees in labor management issues, including filing grievances, negotiation of various employee and labor disputes, and opposing certain policies of the Township which he later expressed in the lawsuit to be a violation of the law of public policy and/or municipal ordinance.
Township Attorney Kevin B. Riordan previously filed a motion for summary judgement, asserting that Jackson Township fired Rasiewicz to reduce administrative costs.
Judge Den Uyl denied that motion after oral arguments were made, finding that following Rasiewicz’s termination, Township officials had replaced him with someone who was substantially younger who was receiving the same salary.
According to Cahn, the township, including Mayor Reina fought the formation of the union and then ultimately terminated not only Rasiewicz, but also Daniel Burke, who was serving as the township engineer.
Cahn maintained that both men were active in the union and the termination of Rasiewicz and Burke was simply retaliation for advocating the rights of employees in the township and opposing unlawful employment activities in Jackson Township.
Rasiewicz’s case was originally scheduled to go to trial on June 17. The parties had previously notified the court that the case was settled in March, however, Cahn reported that Jackson refused to agree to the terms.
Cahn specified that his client was seeking punitive damages not only from Jackson Township, but also from the mayor and business administrator, personally.
The case is now resolved with the municipality agreeing to pay their former employee $850,00 in economic and emotional distress damages.
Mayor Reina and Business Administrator Wall were contacted for comment for this story. Wall told The Jackson Times, “the suit was bogus. The Joint Insurance Fund (which handled the legal matter on behalf of the township) should have never settled it. As Administrator, I did not agree to the settlement and was literally on the way to the trial to win it when the Joint Insurance Fund settled it.”
Wall added, “this case should have been tried and the municipality would have easily won this bogus case. The Joint Insurance Fund settled this case on their own. We did not settle it.”
“This is why insurance costs continue to soar because it does impact the taxpayers. Lawsuits that should not be settled force increases across the state that are borne by the taxpayers of every municipality and it is simply wrong,” Wall added.
Rasiewicz stated “it is disappointing how Dan and I were treated. I hope Mayor Reina and Administrator Terry Wall learn a lesson here. They are not above the law.”
Burke has also filed a separate lawsuit which is still pending in Ocean County Superior Court.
