Senisch v. Carlino

32 A.3d 217, 423 N.J. Super. 269, 2011 N.J. Super. LEXIS 211
CourtNew Jersey Superior Court Appellate Division
DecidedDecember 1, 2011
StatusPublished
Cited by1 cases

This text of 32 A.3d 217 (Senisch v. Carlino) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Senisch v. Carlino, 32 A.3d 217, 423 N.J. Super. 269, 2011 N.J. Super. LEXIS 211 (N.J. Ct. App. 2011).

Opinion

The opinion of the court was delivered by

ASHRAFI, J.A.D.

Plaintiff Michael Senisch appeals from dismissal by summary judgment of his complaint alleging violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, and common law defamation and tortious interference with prospective economic advantage. We affirm.

Viewed most favorably to plaintiff, R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (1995), the summary judgment record established the following relevant facts and procedural history.

Plaintiff was employed from 1995 through 2000 as a physician’s assistant (“PA”) in the cardiology department of defendant Deborah Heart and Lung Center (“Deborah”). During that time, he filed complaints with authorities both within and outside Deborah about conditions related to his employment. He alleged discrimination in the treatment of male PAs, and he also alleged violations of law pertaining to patient care and hospital record-keeping. Although plaintiff had received favorable performance reviews in his first years of employment at Deborah, his performance evaluation was unfavorable in 1999. A hospital committee rejected plaintiffs grievance appeal, and the negative evaluation remained in his personnel file as originally written.

Later in 1999, the Chair of the Department of Cardiology, Dr. Charles Dennis, personally evaluated plaintiff. By letters directed to plaintiff in December 1999 and January 2000, Dr. Dennis terminated his employment because of specifically stated deficiencies in his performance as a PA.

In 2001, plaintiff filed a lawsuit against Deborah alleging violations of CEPA and New Jersey’s Law Against Discrimination [274]*274(LAD), N.J.S.A. 10:5-1 to -49. In January 2003, plaintiff and Deborah entered into a confidential settlement of that lawsuit. Plaintiff accepted payment of a sum of money and provided a release to Deborah. The settlement agreement expressly stated that it did “not constitute or reflect any violation of law or any legal obligation by any party.” Also, it said nothing about modifying plaintiffs employment records.1

In 2004, Memorial Hospital of Salem County requested from Deborah an employment reference for plaintiff. Deborah did not answer specific questions on a questionnaire sent from Memorial Hospital; it only provided plaintiffs dates of employment and position title. Plaintiff was hired as a PA in the emergency department of Memorial Hospital. In 2006, plaintiff resigned from Memorial Hospital to work as a PA for the Delaware Department of Corrections. Apparently, Deborah was not asked to provide a reference.

Later in 2006, plaintiff learned that Dr. Dennis was leaving Deborah. He applied for an open PA position in Deborah’s Cardiothoracic Surgery Department. Defendant James Carlino, Deborah’s Vice President of Human Resources, responded to plaintiff by email that “it would not be beneficial ... to re-entertain [his] employment” because plaintiff “was virtually unhappy with every person [he] worked with at Deborah.”

In 2007, plaintiff resigned from the Delaware Department of Corrections to work at a surgical orthopedic practice in Woodbury, New Jersey. The position required that he obtain his PA credentials at Underwood Memorial Hospital (“Underwood”). In February 2007, Underwood requested information from Deborah about plaintiff. A signed authorization stated that plaintiff “releases from liability ... all individuals and organizations who provide information to the Hospital in good faith and without malice [275]*275concerning [his] competence, ethics, character, health status and other qualifications for Staff appointment and clinical privileges.”

Defendant Dr. Lynn McGrath responded to the information request from Underwood by letter dated February 27, 2007. On the questionnaire form provided by Underwood, Dr. McGrath stated he was making “[n]o recommendation, for or against” plaintiffs application for credentials. Instead of rating plaintiff in response to specific questions from Underwood, McGrath attached a letter stating that he had not directly supervised plaintiff and that the Chairman of Cardiology at the time of plaintiffs employment was no longer at Deborah. The letter continued that “based on the composite of [plaintiffs] documented performance by his supervisors”:

Mr. Senisch worked primarily on inpatient cardiac floor services, under the direction of Attending Cardiologists. He last worked at Deborah in January 2000. As such, many of the specific questions on the attached Hospital Affiliation form cannot be directly assessed base,d on the documented performance record, since the privileges he is requesting at Underwood-Memorial Hospital are for orthopedic surgery service, and because I am unable to assess his current level of competence. Nonetheless, I will provide a general overview of his last documented performance assessment while at Deborah.
On January 14, 2000, Mr. Senisch was involuntarily terminated from employment at Deborah following a series of unsuccessful attempts to achieve consistent improvement in his performance. These performance deficiencies as noted by the then Chairman of Cardiology included: an inability to consistently and reliably synthesize clinical and laboratory data into an appropriate integrated plan of care for patients under his care; an inability to consistently demonstrate appropriate clinical independence; an inability to consistently demonstrate adequate medical knowledge and judgment in Deborah’s acute care setting. Mr. Senisch disagreed with the assessment of his performance, and in fairness to Mr. Senisch, I believe that some Attending staff seemed more favorably disposed towards Mr. Senisch professionally than others. Mr. Senisch is not eligible for reemployment by Deborah Heart and Lung Center.

At a meeting of Underwood’s Credentialing Board, plaintiff was asked about the circumstances under which he left Deborah. Plaintiff responded that he “could not answer” because he “was under a gag clause.” When plaintiffs application for credentials was not immediately approved, the office manager at the Wood-bury orthopedic practice told plaintiff his employment would be terminated if he did not obtain hospital credentials. Concerned [276]*276about a negative decision, plaintiff withdrew his name from consideration for credentials and also resigned from his employment at the orthopedic practice.

Plaintiff then retained the services of a company named Documented Reference Check to pose as a prospective employer and to seek an employment reference from Deborah. No actual job opportunity was involved in the request. Dr. McGrath did not answer the inquiry from Documented Reference Check; Carlino agreed to respond if he received a release. The employment verification form sent to Carlino included a release “authorizing” Carlino and Deborah “to speak openly and honestly about [plaintiffs] quality of work.” On August 6, 2007, Carlino completed the form, stating that plaintiff had been involuntarily terminated from his prior employment with Deborah and was not eligible for rehire. He also attached a letter that was substantially identical in content to McGrath’s earlier letter to Underwood.

In February 2008, plaintiff filed the present lawsuit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
32 A.3d 217, 423 N.J. Super. 269, 2011 N.J. Super. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senisch-v-carlino-njsuperctappdiv-2011.