On July 24, 2024, a proposed class action lawsuit was filed in the Southern District of New York against Biglaw firm Foley Hoag, as initially reported by Law.com. The complaint was initiated by Gregory Modny, a former IT employee, who alleges that the firm failed to pay him $50,000 in overtime wages accrued over a span of 46 weeks. Foley Hoag, which reported $302,525,000 in gross revenue last year, is accused of instructing Modny not to record his overtime hours, promising instead to compensate him with “comp time.”
In addition to Foley Hoag, Modny’s former supervisor, Gary Leshinski, who now works for Goulston & Storrs, is also named as a defendant in the lawsuit. The complaint details alleged retaliatory actions, including mocking a co-worker with a heart condition, making ageist remarks about firm partners, and other discriminatory behavior. Modny also claims that he was pressured to provide negative information about a colleague to instigate their termination.
Modny’s refusal to comply with these demands led to escalating tensions, culminating in an incident where he fell from a “rickety” ladder, which he was compelled to use repeatedly as part of his altered job duties. Injury from this fall led to what Modny describes as his “effective termination” from the firm. According to the complaint, Foley Hoag COO Diane Scheffler was informed of Leshinski’s behavior, but no remedial actions were taken. As of now, Foley Hoag has not commented on the ongoing litigation.
For more on this developing case, you can read the full report from Above the Law.