Fired In-House Lawyer Claims She Lost Job During Miscarriage Recovery

A New Jersey chemical company has been hit with a suit claiming it fired a former in-house lawyer over her request for time off following a miscarriage.

Troy Corporation of Florham Park faces claims of disparate treatment and discrimination based on gender, pregnancy and disability, as well as failure to engage in an interactive process under New Jersey’s Law Against Discrimination.

The accusations stem from its firing of Michelle Tan-Torres, who was employed as senior legal counsel.

The suit also names as a defendant Bain Capital, a Boston-based private equity firm, which the complaint says is a single or joint employer of the plaintiff. Utah Sen. Mitt Romney is among the founders of Bain Capital.

The suit says that Tan-Torres was hired in 2020 by a predecessor firm and co-defendant, Lonza America, as contract counsel. Her performance was rated excellent, and in June 2021 she was hired as senior legal counsel, according to her filing.

In July 2021, Bain acquired Lonza America, the suit claims, and in October 2021, Lonza rebranded as Arxada, also a codefendant. Finally, in January 2022, Arxada merged with defendant Troy, which is “a global leader in microbial control solutions and performance additives,” the suit claims.

Matthew Luber, with McOmber McOmber & Luber. Courtesy photo

According to the suit, “now, more than ever, working mothers should be empowered and encouraged to ask for accommodations in the workplace. But when plaintiff—an experienced in-house corporate counsel— became pregnant and suffered the unimaginable loss of her unborn child, defendants could not have cared less.”

Tan-Torres received an “Above and Beyond Recognition Award” in March 2022 for her contributions in 2021, namely her work on high-value sales contracts, the suit said. In addition, she received a salary increase and significant bonus for her 2022 performance, and Assistant General Counsel Victoria “Kate” Perez Whittaker told her to “keep doing what you’re doing,” the suit claims.

Then, in December 2023, Tan-Torres learned she was pregnant with her second child. She experienced complications that included severe exhaustion, nausea and bleeding, her suit said.

After routine genetic testing, Tan-Torres learned her baby was a high risk of Trisomy 13, a genetic condition that poses a high degree of risk of miscarriage, her suit said. Babies born with Trisomy 13 have a median life expectancy of 7 to 10 days.

Around Feb. 7, 2024, Tan-Torres informed Whittaker, her direct supervisor, of her potential diagnosis and of multiple upcoming medical appointments. Whittaker allegedly told Tan-Torres “to ‘take all the time you need,’ but this apparent offer of support was feigned,” the suit claims.

On Feb. 9, Tan-Torres learned her baby was positive for Trisomy 13 and had no heartbeat, the suit said. The next day she underwent a dilation and curettage [D&C] procedure due to the miscarriage. Tan-Torres and her husband mourned their baby while she recovered from the D&C, the suit said. But in the days after the D&C, Whittaker continued to email her periodically to ask about the status of various matters she was responsible for, the suit claimed.

Armen McOmber, of McOmber McOmber & Luber. Courtesy photo

On Feb. 26, a conference call with Whittaker was joined by Heather Oliver, whose title is HR business partner, Tan-Torres’ suit claimed.

Tan-Torres expected the meeting with the HR representative was being held to discuss giving her time off from work to grieve her loss, physically and emotionally. But she was told the meeting was to notify her that she was being terminated for “egregious behavior” and lack of responsiveness.

“Defendant Whittaker, who had offered to help plaintiff and initially encouraged plaintiff to take time to recover, stated that others (who were unaware of plaintiff’s miscarriage and requested accommodations) had been complaining about plaintiff’s lack of responsiveness. Defendant Whittaker further alleged that it was a ‘bad look’ for the department and forced others to ‘pick up [plaintiff’s] slack,’” the suit claimed.

Her suit cites a 2014 statutory revision making pregnancy a protected class under New Jersey’s Law Against Discrimination.

Tan-Torres is represented by Matthew A. Luber, R. Armen McOmber, Jaclyn E. Alston and Natalie M. LaRosa of McOmber McOmber & Luber in Marlton.

“As alleged in the complaint, rather than show empathy and compassion, the defendants made a tragic situation worse by terminating Mrs. Tan-Torres’s employment immediately following her miscarriage.  As further alleged in the complaint, the defendants also went to great lengths to invent bogus and pre-textual performance issues in an attempt to justify an otherwise unlawful termination.  We are very proud of our client for her courage in bringing the alleged conduct to light.  She looks forward to her day in court,” Luber said in an email.

Troy Corporation and Bain Capital did not respond to messages. John F. Tratnyek of Jackson Lewis in Berkley Heights, representing the defendants, also did not respond.