Seasoned, Sophisticated Advocates for Educators and Medical Professionals.

Higher Education and Medical Professionals Practice

Many professors, teachers and medical residents have never had the need to retain legal counsel. With insight and thought, we merge our significant litigation skills and knowledge of the various higher education legal venues to help clients make the right decision and succeed.

Unlike most employees, many professors, teachers and medical residents are not employees “at-will” and have additional job protection. Often, they are protected by contract, letters of appointment, faculty manuals or medical resident handbooks that limit their employers’ rights to terminate their employment and/or describe the process by which their employer must follow to terminate their employment. Often, employers must have “cause” or a reason to end employment and a due process hearing is required.

Professors, teachers and medical residents are also protected from unwarranted discipline and suspension and may be entitled to accommodations if they are disabled or need more time or residents need another year for promotion to the next post graduate year.

Professors, if in a tenure track position, and teachers are entitled to be considered for tenure and if denied have a right to a hearing. Once tenured, academics do not have life-time employment but do have additional rights and typically cannot be fired unless shown to be incompetent, insubordinate or have engaged in illegal behavior.

We represent college and university professors and professional employees, public and private school teachers, adjunct faculty, administrators and medical residents.

We have also represented physicians with or without faculty appointments, dentists, nurses and nurse practitioners in negotiation, litigation and disciplinary matters before government licensing boards and in non-compete and/or non-solicitation battles.

We negotiate, litigate and represent clients at internal meetings, hearings, grievance proceedings and trials to ensure their rights are protected in:

  • tenure negotiations and proceedings

  • disciplinary or grievance matters, including Title IX proceedings

  • contract negotiations entering, exiting or retiring from academia

  • due process hearings

  • academic freedom conflicts

  • faculty manual or handbook violations

  • defense of faculty members who are being investigated

  • contract and letters of appointment

And, naturally, we represent those faculty members and medical residents who are victims of sexual harassment and discrimination based on gender, disability, race, age, national origin, religion and sexual orientation.

Depth of our Experience

We have successfully represented faculty members employed by Columbia University, New York University, SUNY Downstate Health Sciences University, College of Mount Saint Vincent, SUNY Purchase, College of Staten Island, Baruch College, John Jay College of Criminal Justice, Rutgers University, Seton Hall University, Pace University and various community colleges in the recent past.

Our firm has successfully defended and aided several medical residents facing challenges at SUNY Downstate and NYU in resolving their unique difficulties within their programs.

Our firm’s experience is extensive and our commitment is unmatched.

Recently, we negotiated substantial, confidential settlements on behalf of a former NYC College Dean and a NYC surgeon who had asserted claims of age discrimination. Currently, Mr. Menken is representing a former SUNY Downstate cardiac surgeon who was fired and had his contract breached because he complained about Downstate’s failure to train employees on how to use a particular dangerous medical device. Mr. Menken is also currently counseling a NYC radiologist on various compensation issues. And, in a pending litigation, Mr. Menken is defending a Fashion Institute of Technology administrator who has been wrongly accused of discrimination and misbehavior on the job.

or call us (212) 509-1616