- sexual harassment,
- retaliatory firing,
- mental anguish,
- emotional distress,
- hostile work environment,
- quid pro quo,
- negligent hiring,
- negligent retention of a supervisor,
- battery, and
In a Financial Industry Regulatory Authority ("FINRA") Arbitration Statement of Claim filed in February 2008, Claimants Vitagliano and Thompson asserted causes of action for:
Claimants Vitagliano and Thompson each sought $5 million in compensatory damages and $10 million in punitive damages. Further, Claimants sought reinstatement to their former positions of employment with all back pay, raises, bonuses, and benefits, and further relief as the FINRA Arbitration Panel might deem just. In the Matter of the Arbitration Between Lauren Vitagliano and Jeanine Thompson Claimants vs. Empire Financial Holding Company, Empire Financial Group, Inc., Jesup & Lamont, Inc., John James Wilson, and George Tamborello, Respondents (FINRA Arbitration 08-00584, May 6, 2011).
Respondents Empire Group, Wilson, and Tamborello generally denied the allegations and asserted various affirmative defenses.
Respondent Empire Financial Holding Company is not a FINRA member or associated person and did not voluntarily submit to arbitration. As such, the FINRA Arbitration Panel made no determination with respect to Claimants' claims against Empire Financial Holding Company.
In September 2010, Respondents Jesup & Lamont, Inc. and Empire Financial Group, Inc. filed for bankruptcy and, accordingly, the claims against Respondent Jesup & Lamont, Inc. are indefinitely stayed. The FINRA Arbitration Panel made no determination with respect to the claims against these two Respondents.
Respondent Tamborello did not appear at the February 24 and 25, and March 30,2011 hearings; and notified the panel by email that he would not attend the final hearing.
The FINRA Arbitration Panel found Respondent Tamborello had sexually harassed Claimant Vitagliano and Claimant Thompson in violation of Title VII of the Civil Rights Act of 1964, found him liable, and ordered him to pay to
The majority of the FINRA Arbitration Panel found that Claimants had not sustained their burden of proving that John Wilson had sexually harassed them. Claimants' claims against Wilson were denied in their entirety.