Rashmee Rayna Sinha focuses her practice on employment counseling and litigation.
As a logical, strategic, and pro-active employment defense attorney, Rashmee has a proven track record of extricating clients from suit in the early stages of litigation. She primarily handles claims under Employment Practices Liability Insurance, Directors and Officers and Errors and Omissions policies related to discrimination, harassment, retaliation, failure to accommodate, whistle-blower, and wrongful discharge on the basis of protected categories (i.e. age, sex, disability, race, gender, national origin, religion, pregnancy etc.). In addition, she handles class/collective action wage and hour suits filed under federal and state law. She is experienced in managing all aspects of litigation, often complex, through summary judgment. Rashmee provides day-to-day counseling on HR compliance issues and oversees hiring, on-boarding, disciplinary actions, leave requests, terminations, and benefits.
Rashmee is experienced in all areas of employment litigation in both federal and state courts. She has defended administrative proceedings and regulatory compliance investigations before numerous employment practice agencies including the EEOC, and the federal and state Department of Labor and the Department of Health. She has worked with and been endorsed by many insurance carriers in employment practices litigation. She has also been called upon to speak at annual training seminars for a carrier rated Superior “A+ XIII” by A.M. Best.
Rashmee represents employers from industries including healthcare, construction, financial services, property management, insurance, technology, transportation, building services, hotel and hospitality, retail, manufacturing, power and energy, and pharmaceutical.
Rashmee counsels employers on employment and compliance issues including employment policies, contracts, discipline, terminations, leaves of absence, accommodations, complaints, investigations, benefits, proprietary information, restrictive covenants, reorganizations, and executive compensation.
Rashmee is admitted to practice law in New Jersey, New York, and Pennsylvania, and to practice before federal courts including the District of New Jersey, the Middle and Eastern Districts of Pennsylvania, the Southern, Eastern, and Northern Districts of New York, and the Second Circuit. She is also a Management/PL Trend Advisor for the Professional Liability Underwriting Society (PLUS)’ where her duties include providing PLUS staff with topic ideas for PLUS publications; being a “bank of experts” and “eyes on the market” that PLUS staff utilize to obtain insight and ideas for topics, speakers, and content for publications and education; and submitting articles for the PLUS journal, posting to the PLUS blog, and submitting PLUS content to the PLUS LinkedIn group.
Prior to joining the firm, Rashmee was a member of the Employment Practices Group at a top tier law firm. She interned for The Honorable Magistrate Judge Ronald Hedges in the United States District Court for the District of New Jersey. Rashmee is an active member of the Professional Liability Underwriting Society, the Commerce Industry Association of New Jersey, the Mahwah Regional Chamber of Commerce, the Asian American Hotel Owners Association, and the Asian Indian Chamber of Commerce. Rashmee was selected as a “Rising Star” by New Jersey Super Lawyers® in the Employment Litigation: Defense category consecutively for the past four years, 2015-2019.
• Represented the largest provider of transitional housing at the U.S. Equal Employment Opportunity Commission (“EEOC”) in New York. The Complainant alleged sex discrimination and retaliation in violation of Title VII of the Civil Rights Act. Prior counsel filed a position statement. The EEOC issued a Probable Cause determination. At conciliation, the EEOC recommended a monetary settlement in the amount of $500,000.00 along with a host of fringe benefits. Rashmee subsequently assumed the defense and aggressively litigated the matter. She settled the case after taking the Plaintiff’s deposition for a nuisance amount of $15,000.
• Represented a nursing home against a pro-se plaintiff, a former part-time Certified Nursing Assistant (“CNA”). The CNA filed a Charge of Discrimination with the New York State Division of Human Rights alleging race/color, age and disability discrimination. He sought millions of dollars in damages. The Division issued a finding of probable cause in favor of the complainant. The matter was transferred to Rashmee for handling. Plaintiff subsequently filed a federal Court complaint, which was dismissed on two 12(b)(6) motions. Plaintiff then filed an appeal with the United States Court of Appeals for the Second Circuit. Rashmee filed opposition and obtained a dismissal of all claims.
• In Jeffrey First. v. Cornell Hall Rehabilitation Center, Plaintiff Jeffrey First filed a Complaint with the New Jersey Superior Court—Law Division alleging discrimination based on religion in violation of the New Jersey Law Against Discrimination. He demanded nearly half a million dollars to settle the lawsuit. Rashmee prepared and filed a winning Summary Judgment Motion, which resulted in dismissal of the entire Complaint.
• Rashmee was contacted to handle an urgent matter regarding an employer who had terminated an employee due to unsatisfactory performance. The employee threatened to file a class action lawsuit against the small interior decorating company based on an alleged failure to pay overtime, provide lunch breaks and raised a host of common law theories, including worker’s compensation retaliation and disability discrimination. The client feared the claim would bankrupt her small interior design business. Rashmee settled the matter at a ‘no pay’ position.
• Represented a prominent Pennsylvania construction company. An employee originally filed an EEOC Charge alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act and concomitant state and city statutes. After exhausting her administrative remedies, the employee filed a federal action in the United States District Court for the Eastern District of Pennsylvania. Her opening settlement demand was $875,000. The Foreman was Plaintiff’s direct supervisor. Plaintiff claimed that as a final act of retaliation, two months after she complained to Human Resources and her claims were investigated, that she was terminated. The matter was ultimately settled for one-sixth of the initial demand.
• Negotiated with the United States Department of Labor for a reduction in the amounts owed, after the DOL conducted a yearlong investigation into potential wage and hour violations, and misclassification of employees of a class of certified nursing aides, licensed practical nurses and a director of social services employed by a nursing home in New York. The Agency determined that the nursing home owed approximately $44,000 in back-wages. A liquidated damages component of 100% of the back-wages owed brought the total amount owed to $88,000.00. Finally, the DOL capitulated and agreed to settle the matter for a total amount of the back wages owed without any penalties or violations assessed to the nursing home.
Rashmee Rayna Sinha was selected to the 2016-2019 Rising Stars Super Lawyers list. The Super Lawyers List is issued by Thompson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Emerging Leader Award on behalf of the Edison Visionary Lions Club, March 16, 2013