Westerly’s former HR director information federal lawsuit in opposition to the city | Westerly

WESTERLY – It marked the start of the COVID-19 pandemic last March and tensions were high, including on Broad Street at City Hall. The workers allegedly pushed for permission to work from home, demanding that the building be redeveloped and public access restricted.

Against this background, city administrator J. Mark Rooney dismissed her in retaliation for informing him that she wanted to report alleged violations of the city’s COVID, according to a recent federal lawsuit filed against the city by former Human Resources Director Nancy M. Markey -19 Protocols to State and Federal Agencies. The lawsuit also alleges violations of the protection of family leave by the federal and state governments.

The lawsuit also describes the mood in town hall when two workers tested positive for the coronavirus and detailed concerns about Rooney’s handling of the pandemic, including whether employees would be informed if other employees tested positive for the virus. Many of the events depicted in the lawsuit happened before City Hall finally closed for special cleaning and before a date-only policy was put in place during the virus’ first surge.

Rooney and the City attorney William J. Conley Jr. declined to comment or answer any questions about this article, and referred to policy not to comment on pending litigation. The city has not yet filed a formal response to the lawsuit, which was filed in Providence in the US District Court for the Rhode Island District on December 22nd.

The lawsuit also alleges that Rooney did not quarantine himself after the virus symptoms and testing appeared and instructed Markey not to tell anyone he had been tested. Other allegations by Markey include that Rooney initially failed to inform her that a town hall employee tested positive for the virus despite Rooney asking Markey to resolve COVID-19 issues for the employees and that Rooney once berated Markey .

Rooney and the city are named as defendants in the lawsuit alleging Rooney struggled against Markey when he took her on administrative leave the day after she emailed him explaining her intent Said to complain to state authorities about the city’s alleged failure to comply with Governor Gina Raimondo’s COVID-19 executive orders. Markey worked for the city from October 2018 until she was removed from her position in May after being put on administrative leave in April.

The retribution continued, the lawsuit alleges, when the city unsuccessfully appealed and appealed Markey’s application for unemployment benefits.

“… The Rhode Island Labor and Education Director has made a decision that [Markey] was entitled to unemployment benefit because the investigation of [the department] no evidence of willful misconduct ”by Markey, the suit claims.

The city appealed the director’s decision, arguing that Markey had been fired for insubordination and failure to comply with vacation and attendance guidelines. However, the Hearing Officer noted that Markey had followed routine steps for the vacation days she had taken and that there were no indications of willful misconduct.

“The [hearing officer] It was also found that the alleged insubordination centered on disagreements over how to deal with COVID-19 logs that eventually led to their termination, which was not workplace misconduct, “the lawsuit reads.

A second call by the city to prevent Markey from receiving unemployment benefits also failed.

Markey’s Family Medical Leave Act claims come from sheets she took in March and April. The lawsuit also alleges that Markey’s rights under the Federal Family Response to First Coronavirus Act were violated when she was taken on administrative leave after a medical vacation to await the results of a COVID-19 test.

The termination of her employment relationship also constitutes a violation of Marky’s rights under the state Whistleblowers Protection Act, according to the lawsuit alleging that she was dismissed for filing complaints with Raimondo’s office and other government agencies. The lawsuit seeks unspecified repayment and other payment or reinstatement of Marky’s position, damages and punitive damages, and attorney and court fees.

Richard Sinapi, Markey’s attorney, said the damages being sought had not been calculated but would be based on lost wages and benefits and the impact the termination had on Markey’s reputation.

“… and there is some emotional pain and suffering associated with suddenly resigning from a publicly appointed position of trying to do your best job and letting the rug pull out from under you,” Sinapi said.

In July 2019, Markey received a job performance review from Rooney that exceeded expectations and her salary was increased from $ 85,000 per year to $ 90,125, according to the lawsuit.