Local 684 Member Returns to Work, Receives Full Back-Pay / Benefits
September 14 2009
Local 684 member Israel Leonardo recently returned to work at Stamford EMS, located in Stamford, CT, following IAEP Attorney Jim Tessitore's successful negotiation of a settlement with management over his wrongful termination. Leonardo received full-back pay, seniority and benefits as a condition of the settlement.
Leonardo was terminated in March due to his involvement in a traffic accident on his way to work. Stamford EMS management believed that Leonardo could be held accountable for his off-duty actions and terminated him because of the incident. While Leonardo was cited by a CT State Trooper for his role in the accident, management justified his termination by making false accusations of Leonardo being intoxicated.
Management further argued that they should not be responsible for Leonardo's unemployment benefits, and Tessitore represented Leonardo during a two-day trial over these benefits. During the trial management argued that Leonardo had reported to work intoxicated following the accident and that he could be held accountable for his off-duty actions because he is considered a public trust employee.
Tessitore defended Leonardo by arguing that state law requires that in order to terminate a public trust employee for off-duty conduct, the employee must have actual notice of the company's right to terminate under the public trust exception. Tessitore cross-examined management, using their handbooks and manuals, and elicited testimony that Leonardo at no time had actual notice that his off-duty conduct could be the subject of termination.
Tessitore also presented testimonial evidence that the company had no evidentiary proof that Leonardo reported to work under the influence, because he never actually reported to work that day. He also argued that no sobriety test was ever administered and the Trooper did not cite Leonardo for anything related to intoxication.
The hearing officer ruled in favor of Leonardo, and thereafter Stamford EMS initiated an offer to settle, which included job reinstatement, full back pay, full seniority rights and reinstatement of vacation benefits.
Tessitore thanks Local 684 President Jim Duffy and National Representative Steve Weigand for their hard work and diligence throughout this case.
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