Borough Settles with Ex-Recycling Coordinator; Payment Is Not Admission of Any Wrongdoing

WEST CAPE MAY – In litigation over the course of nearly four years the Borough of West Cape May agreed to pay $62,500 to its former recycling coordinator.
Richard Cox, 46, plaintiff in the action, settled with the borough Nov. 24 2014 in a confidential agreement. Its terms have not been revealed or released.
In his complaint, Cox alleged that the borough had fired him because of his age and because he reported that his supervisor was drunk on the job.
Cox, a borough employee since 2006, said that he was “abruptly terminated” May 5, 2011 for having reported that the supervisor “was intoxicated at or during the course of his employment.”
Cox averred that after notifying authorities about the supervisor’s intoxication, he was treated differently from before having reported the supervisor’s intoxication. Moreover, stated Cox, the borough hired another employee, Matt Franco, 20, who was “significantly younger” than Cox, and who then was given some of Cox’s duties. The complaint also alleged that Franco hit Cox in the head with a pipe, causing a concussion, although the complaint does not describe whether Franco’s actions were deliberate and intentional or accidental.
Cox stated that because of those circumstances he claimed to be working in a hostile work environment. He stated he made a written complaint to then borough Commissioner Peter Burke. According to the complaint, Burke called Cox into the office May 5, 2011 and immediately terminated his employment.
Cox further claimed that he was subject to duress and coercion and was forced to sign a separation agreement. Cox stated that after his termination Franco was put into his former position.
Per standard terms of such confidential settlement agreements and general releases, none of Cox’s allegations have been proven or disproved in court. Cox’s particular settlement agreement resolution expressly states that the $62,500 payment does not constitute an admission of wrongdoing by West Cape May or any of its officials.
Objective analysis of the settlement can only surmise that the borough, or its insurer, for whatever reason, decided that it would rather pay Cox the $62,500 than take the matter to trial. Reasons for their decision to settle could range from saving further legal expense and the costs of going to trial to disprove what could have been exaggerated claims or even claims with no merit. Or, alternatively, perhaps the claims were true and the defendant borough wanted to avoid having potentially damaging facts discussed and argued in court.
West Cape May Mayor Pamela Kaithern, counsel for the defendant Borough of West Cape May, Charles Austermuhl, Woodbury, and plaintiff Cox’ legal counsel Joseph Ives Picillo of Turnersville did not respond to a Herald request for comment. Neither could Borough Solicitor Frank Corrado be reached for comment.