Tammy Marzigliano - Whistleblower Retaliation Employment Attorney New York City

Dignity: It is inherent in our being to be valued—one should never take that from another.

Tammy Marzigliano

Partner
New York Office
(212) 245-1000

About

TAMMY MARZIGLIANO is a partner at Outten & Golden LLP in New York, where she represents employees in litigation and negotiation in all areas of employment law, including matters involving compensation (and bonus) disputes, contractual violations, and whistleblower and individual discrimination claims.  Ms. Marzigliano is the Co-Chair of both Outten & Golden’s Financial Services Practice Group and its Whistleblower and Retaliation Practice Group.  She is also a member of Outten & Golden’s Executive and Professionals Practice Group and former Co-Chair of its Sex Discrimination and Sexual Harassment Practice Group.  She has also been recognized by Best Lawyers in 2018, and Super Lawyers New York Metro edition for 2013-2017.

Ms. Marzigliano is an experienced litigator and has represented clients in arbitration matters before FINRA and the American Arbitration Association (AAA), as well as in federal and state courts concerning employment and general commercial litigation disputes.  Most recently, Ms. Marzigliano was a member of the trial team, together with Larry Moy and Wayne Outten, in a complex, international arbitration where the Panel issued an award exceeding $70 million.Ms. Marzigliano received her B.A. from Hofstra University and her J.D., magna cum laude, from Quinnipiac University Law School, where she served as the Public Relations Editor of the Quinnipiac Health Law Journal.

Podcasts

Press

  • The Connector: Outten & Golden LLP partner Tammy Marzigliano is featured in this issue (p. 28).
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Bar Admissions & Professional Activities

  • Ms. Marzigliano is admitted to the state and federal bars of New York and Connecticut.

  • Ms. Marzigliano is active in several bar associations. She served as the Chair on the Employment Rights Executive Board of the Employment and Labor Relations Law Committee of the American Association for Justice (AAJ). She is also a member of the Employment and Labor Relations Committee of the Litigation Section of the American Bar Association (ABA), the National Employment Lawyers Association (NELA) and its New York affiliate, the Association of the Bar of the City of New York, and the New York County Lawyers' Association.

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Speaking Engagements

Ms. Marzigliano is a frequent panelist on employment law matters and regularly collaborates with non-profit women's advocacy organizations on the educational programs about sexual harassment and other employment rights issues in the workplace. She has worked as an advocate, educator, and lecturer with organizations such as Dress for Success, Step Up, the National Organization for Women, the National Association for Professional Women, the Children's Aid Society, the South Bronx Overall Economic Development Corporation (SOBRO), the Association of Legal Administrators, the City Bar Community Outreach Project, and the National Conference on the Primary Prevention of Men Against Violence Against Women on issues relating to women’s rights in the workplace.

Ms. Marzigliano has also extensively lectured on the retaliation provisions of the Dodd-Frank Reform and Consumer Protection Act and has been a guest on the Employment Law Channel and Lawline TV.

2017

  • Speaker: "Understanding the Complexities of On-Ramping and Off-Ramping in Financial Services," Council of Urban Professionals and the Robert Toigo Foundation Alumni Association, New York, NY

2016

  • Speaker: "Representing the Executive Whistleblower," NELA, 2016 Annual Convention, Los Angeles, CA

2015

  • Speaker: "Leveraging Your Value: Negotiationg Compensation and Severance Packages," WIN Summit, New York, NY

2012

  • Speaker: "BNA Insight Video Presentation," Bloomberg BNA, Webcast
  • Panelist: "How the Recession had Impacted the Area of Employment Law," Employment Law Channel, Webcast

2011

  • Panelist: "NO TITLE," National Employment Lawyers Association, New York Affiliate, Conference, New York, NY
  • Presenter: "You Say Hello... and I Say Goodbye," Right Management, Presentation

2010

  • Speaker: "Sexual Harassment and Gender Discrimination in the Workplace," New York Women in Film and Television (NYWIFT), New York, NY
  • Speaker: "Teen Harassment Presentation," New York City Bar Association, New York, NY

2009

  • Speaker: "Primary Prevention of Men's Violence Against Women," Men Can Stop Rape, Inc., Washington, DC
  • Speaker: "Know Your Rights: Workplace Sexual Harassment," Dress For Sucess, New York, NY
  • Panelist: "Take a side Talk-back series," Golden Theatre, Oleanna (Play), New York, NY
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Publications & Articles

Ms. Marzigliano has been a guest writer for Forbes where she published "The Top Ten Reasons to Hire a Lawyer to Review Your Severance Agreement" and "How to Get Your Bonus After You've Been Laid Off."  Ms. Marzigliano's other publications include "Advocacy & Counsel for the SEC Whistleblower: A Primer for Employment Lawyers," “The Dodd-Frank Act’s Whistleblowers Provisions: The Act’s Best Hope for Exposing Financial Wrongdoing,” and "Advising a Whistleblower after Dodd-Frank."  Ms. Marzigliano has published articles on other various employment related matters in the BNA Daily Labor Report, BNA Workplace Law Report, AAA Employment Rights Newsletter, NELA Newsletter and Employment Law Strategist ALM.

As Discrimination and Harassment Rise, NYC Promotes Its Human Rights Law

Tammy Marzigliano and Nicholas Sikon, O&G Employment Law Blog, September 22, 2017

New ERISA Fiduciary Rule Takes Effect

Tammy Marzigliano and Nicholas Sikon, O&G Employment Law Blog, July 20, 2017

Crawford Analysis

By employment attorneys Tammy Marzigliano and Delyanne Barros. In Crawford v. Metropolitan Gov’t of Nashville & Davidson County, Tennessee, the Supreme Court unanimously decided that protection under Title VII of the Civil Rights Act extends to an employee who speaks out about discrimination when answering questions during an employer’s internal investigation. Employment attorneys Tammy Marzigliano and Delyanne Barros.

Vicky Crawford was an employee of Metro for over 30 years. In 2002, Veronica Frazier, a Human Resources employee, conducted an internal investigation regarding allegations of “inappropriate behavior” by the relations director, Gene Hughes. Frazier asked Crawford if she had witnessed any “inappropriate behavior” by Hughes. Crawford told Frazier that Hughes had asked to see her breasts on numerous occasions, grabbed his genitals in front of her and, on one occasion, and pulled her head down towards his crotch. The employer took no action against Hughes; however, a few months later Crawford and two other accusers were terminated. The employer alleged that it terminated Crawford and the other accusers because they embezzled money.

Crawford brought a lawsuit against her employer for retaliation in violation of Title VII. The district court ruled for the employer and the 6th Circuit affirmed the decision, holding that Crawford did not “oppose” the harassment under Title VII because she had not “instigated or initiated a complaint” and no EEOC charge had been filed.

However, the Supreme Court found the embezzlement allegation was completely unfounded and unsupported. In addition, the Court rejected the Circuit Court’s reasoning that Crawford’s actions did not qualify as “opposition” because she had not “instigated or initiated any complaint.” The Court applied the ordinary meaning to “opposition” finding that it merely means to “resist or antagonize” and that Crawford’s statement to Frazier clearly fell within that definition. As a result, the Court reversed the 6th Circuit’s decision granting judgment for the employer and sent the case back to the 6th Circuit to be decided in accordance with the Court’s analysis.

In Crawford v. Metropolitan Gov’t of Nashville & Davidson County, Tennessee, the Supreme Court unanimously decided that protection under Title VII of the Civil Rights Act extends to an employee who speaks out about discrimination when answering questions during an employer’s internal investigation. 

Working Together To Achieve Accuracy On Regulatory Form U-5

Working Together to Achieve Accuracy on Regulatory Form U-5, by Tammy Marzigliano and Carmel Mushin, New York Law Journal, March 25, 2013.

Advising A Whistleblower After Dodd-Frank: What Every Employer Needs To Know

Tammy Marzigliano, Law Journal Newsletters, Employment Law Strategist, ALM, Volume 19, Number 10, April 2012. This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact. 

On July 21, 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act, the most significant financial reform effort since the Great Depression. 17 CFR § 240.21F-1, et seq. Part of that legislation directed the Securities and Exchange Commission (SEC) to establish a whistleblower program that pays monetary rewards to eligible whistleblowers, and prohibits workplace retaliation by employers against whistleblowers. This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact.

How to Get Your Bonus After You've Been Laid Off

Tammy Marzigliano & Piper Hoffman, Forbes Leadership Guest Post, December 2011

The Top Ten Reasons to Hire a Lawyer to Review Your Severance Agreement

Tammy Marzigliano & Piper Hoffman, Forbes, December 2011

Advocacy & Counsel For The SEC Whistleblower: A Primer For Employment Lawyers

Tammy Marzigliano and Jordan A. Thomas. Bloomberg BNA Daily Labor Report. Reproduced with permission from Daily Labor Report, 196 DLR I-1 , 10/11/2011. Copyright 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

In the wake of multiple far-reaching corporate scandals and pervasive misconduct that have eroded public faith in the markets, Congress enacted the whistleblower provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act. The provisions require the SEC to pay financial awards to whistleblowers who voluntarily provide original information leading to a judicial or administrative action in which the SEC obtains monetary sanctions over $1 million, subject to certain limitations. Whistleblowers who provide such information are eligible for an award of 10 percent to 30 percent of the monetary sanctions.

Since the enactment of the whistleblower provisions, there has been undue emphasis on the financial incentives available to qualified SEC whistleblowers. However, the new robust anti-retaliation provisions contained in the guidelines are equally important. Employers are prohibited from retaliating against individuals who provide the SEC with information about possible federal securities law violations, and victims of retaliation are granted an independent cause of action with significant potential remedies. Providing additional protection, whistleblowers are also permitted to report securities violations anonymously if they are represented by counsel.

These protections and incentives will result in a significant increase in whistleblower activity and, by extension, will have a huge impact on the workplace environment. This article examines the protections provided by the statute and offers practical guidance for the plaintiff’s employment lawyer in identifying and counseling potential SEC whistleblowers.

This article examines the protections provided by the statute and offers practical guidance for the plaintiff’s employment lawyer in identifying and counseling potential SEC whistleblowers.

When Your Personal Life Affects Your Professional Life

Tammy Marzigliano and Carmel Mushin. Employment Rights Newsletter, Vol. 17, No. 2, Winter 2010

Almost daily we hear stories about people who were not hired for a job because of something they posted online or someone that lost a job for the same reason. I caution employees regularly to be mindful of what they post online because everyone can see it. I advise them to refrain from posting that “awesome picture” of them playing beer pong or that picture of them at the Mets game when they were allegedly “out sick.” People forget that the internet is not their “private” playground. It is a mechanism in which your world (should you allow it) becomes an open book.

So, what about blogging? People argue it is harmless. It is just my thoughts about a situation. But is it?

The Dodd-Frank Act's Whistleblower Provisions: The Act's Best Hope For Exposing Financial Wrongdoing

In this BNA Insights article, Outten & Golden attorneys Tammy Marzigliano and Cara E. Greene take a close look at these provisions and the effects of preceding laws, such as the Sarbanes-Oxley Act, to examine what their future impact might be. Bloomberg BNA, Workplace Law Report, 10/22/2010.

On Sept. 15, 2008, Lehman Brothers collapsed, sending shock waves through the financial services industry and portending the industry's broader meltdown. Less than two weeks later, Washington Mutual was seized by the federal government and placed into receivership. Over the next year, more than 100 banks folded, Americans saw $13 trillion in wealth evaporate, and massive securities fraud, like that committed by Bernie Madoff, shook investor confidence to the core. The housing market collapsed, the number of people out of work hit 15.6 million, and the federal deficit ballooned. America was in the midst of the Great Recession.

In response, on July 21, 2010, the federal government enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “act” or “Dodd-Frank Act”), which overhauls and strengthens federal oversight of the financial system. While it is impossible to know whether the financial meltdown could have been avoided had the act's provisions been adopted in 2007 instead of 2010, the question on everyone's mind is whether the Dodd-Frank Act will keep it from happening again. Only time will tell if it will have the desired and intended impact, but the act's whistleblower provisions attempt to ensure that in the future financial fraud and irregularities are exposed long before they corrupt the entire system.

Happy Valentine's Day...Now Please Sign On The Dotted Line

Tammy Marzigliano and Delyanne Barros, Outten & Golden LLP, 2009

With Valentine’s Day around the corner, what better way to discuss love than in contractual terms? Workplace romances are increasingly common and employers are aware of this. In a 2008 survey by Vault.com, 58% admitted to having an office romance and another 12% would be willing to engage in one if given the opportunity. Not surprising in light of the reality that most of us have so little time left over after work and sleep that our place of employment is our main chance for finding a mate.

In the last few years, companies have responded to this reality by instituting what has been popularly dubbed as “love contracts.” These contracts may contain several different provisions, but most commonly it seeks to establish that the two employees are in a consensual dating relationship and that they will not allow the relationship to interfere with their work productivity. One sample love contract provided that by signing the love contract, the employees “notify the company that [they] wish to enter into a voluntary and mutual consensual social relationship” which they “are both free to end . . . at any time. Should the relationship end, [they] agree that [they] will not allow the breakup to negatively impact the performance of [their] duties.”

The contract can also refer to the company’s sexual harassment policy and “that entering into the social relationship has not been made a condition or term of employment.” Most important to employers, the contract may limit the grievance process to arbitration only, potentially limiting an employee’s right to file a lawsuit in court.

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Awards & Recognition

  • Lawdragon 500 Leading Plaintiff Employment Lawyers, 2018

  • Best Lawyers, 2018-2019

  • Super Lawyers, 2013-2018

  • New York Metro Super Lawyers Top Women, 2013 - 2017

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