Case: 1:11-cv-02402-JG

Doc #: 1 Filed: 11/07111 1 of 9. PagelD #: 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

LYNN VALENTINO 13363 Caves Road Chesterland,OH 44026 Plaintiff, vs. WICKLIFFE CITY SCHOOL DISTRICT BOARD OF EDUCATION 2221 Rockefeller Road Wickliffe, OH 44092

) ) ) ) )

CASE NO. JUDGE PLAINTIFF'S COMPLAINT

)
) ) ) ) ) )

(Jury Demand Endorsed Hereon)

)
and )

)
SUSAN M. HAFFEY ) Treasurer, Wickliffe City Schools Board of Education) 2221 Rockefeller Road Wickliffe, OH 44092 Defendants. ) )

)
)

Plaintiff, Wickliffe

Lynn Valentino,

by and through counsel, for her Complaint against Defendants,

City Schools Board of Education (flWCSBOE") and Treasurer Susan Haffey, states and

alleges the following: PARTIES 1. was employed 2. At all times relevant herein, Plaintiff has been a citizen of the United States who by WCSBOE as a bus driver .. At all relevant times herein, Plaintiff was an "eligible employee" within the

meaning of the Family Medical Leave Act, 29 U.S.c. 2601

et seq. (flFMLA").

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3. 4.

At all times relevant herein, Defendants conducted The Board of Education is the "appointing authority"

activity in Lake County, Ohio. for Wickliffe City Schools as

defined in Ohio Revised Code 124.01(D). 5. WCSBOE. 6. Defendants are "employers" within the meaning of the FMLA and Ohio Revised Susan Haffey is a named Defendant in this case in her capacity as Treasurer of

Code ("O.R.e.") 4112. 7. Defendants participated in and/or approved the unlawful actions taken against

Plaintiff as described hereinbelow. VENUE AND JURISDICTION 8. Venue properly lies in the Northern District of Ohio, Eastern Division, pursuant to in this District and Division in Lake County,

28 U.S.e. 1391(b), because Plaintiff was employed Ohio, and a substantial amount,

if not all, of the conduct giving rise to her claims occurred

within this District and Division. 9. U.S.e. 1331. 10. This Court has supplemental jurisdiction over Plaintiff's O.R.e. 4112 and This Court has original jurisdiction over Plaintiff's FMLA claims pursuant to 28

invasion of privacy claims pursuant to 28 U.s.e. 1367.

FACTUAL BACKGROUND
11. 12. without In August of 1999, Plaintiff was hired by WCSBOE to drive a school bus. During her first eight (8) years of employment with WCSBOE, Plaintiff worked

incident and without

being subjected to any formal discipline.

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13.

On June 4, 2007, Plaintiff's

husband, Wayne Valentino,

who also worked for

WCSBOE and whose employment lawsuit against Defendants discrimination. 14. reinstatement

had recently been terminated

while on FMLA leave, filed a and disability

in this Court for, inter alia, FMLA violations

After, and as a result of, Wayne Valentino's on January 18, 2008, Defendants

lawsuit and subsequent Plaintiff to disciplinary

began subjecting

actions, based on nebulous and unsubstantiated people in an intimidating 15. employment, 16.

accusations for things such as "staring at

way" and "not getting along with certain co-workers." Defendants again terminated Wayne Valentino's

On October 8,2008,

but his lawsuit remained pending against Defendants. Wayne Valentino's lawsuit was a constant topic of conversation during work

hours for Defendant

Haffey and many other WCSBOE employees,

such as Rodney Olenchick and Support Services),

(Director of Transportation)

and Len Fornash (Manager of Operations in Wayne Valentino's

who had been named as defendants

lawsuit and who were also decision-

makers with respect to Plaintiff Lynn Valentino's 17. On November 11, 2010, Plaintiffs

employment. 9-month old grandson was hospitalized and

diagnosed with leukemia. 18. On November 15, 2010, Plaintiff requested FMLA leave to provideday-to-day

bedside care for her grandson during his extended 19. November 20.

hospital stay. Plaintiff's FMLA leave, effective

On December 16, 2010, WCSBOE approved 15, 2010. During Plaintiff's FMLA leave, Defendant

Haffey required that Plaintiff provide

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her with twice-monthly 21.

medical re-certification

in order to continue with her FMLA leave. Haffey phoned and spoke with the to confirm

During Plaintiff's

FMLA leave, Defendant

nursing staff at the facility where Plaintiff's grandson was being hospitalized, Plaintiff's presence at the facility and to obtain private and confidential

medical information

about Plaintiff's grandson that she was not legally entitled to obtain. 22. approximately Defendants terminated Plaintiff's FMLA leave on January 27,2011,

five (5) weeks early, and told Plaintiff that the hospital facility had stated that when

she was no longer needed at the hospital to care for her grandson as of January 28,2011, in reality the hospital had informed condition Defendants that Plaintiff's grandson, who was critical

at the time, needed to remain hospitalized bedside care of him.

until at least February 12, 2011, and that

Plaintiff was taking day-to-day 23.

Over the course of the ensuing weeks, Plaintiff informed

Defendant

Haffey on

numerous occasions that her grandson was still hospitalized, day-to-day

that she was still taking care of his FMLA leave

bedside needs, and that she would return to work when her approved

was exhausted. 24. Defendants nonetheless terminated her job. Plaintiff's employment on February 28,

2011, allegedly for abandoning

COUNT ONE (FMLA Interference - Violation of 29 U.S.c. 261S(a)(l)) 25. forth herein. 26. Plaintiff was an eligible employee entitled to take a leave of absence under the bedside care of her grandson, with whom she stood in loco parentis. Plaintiff reavers and rea lieges each and every paragraph above as if fully set

FMLA for the day-to-day

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27. commencing 28. prematurely

Defendants gave Plaintiff approval to take an FMLA leave of absence on November 15, 2010. interfered with Plaintiff's pre-approved FMLA leave by

Defendants subsequently terminating

said leave on January 27,2011,

based on the false pretense that the

hospital had stated that as of January 28,2011 care for her grandson, and by subsequently false pretense that she had abandoned 29. Defendants'

Plaintiff would not be needed at the hospital to Plaintiff's employment, based on the

terminating

her job. Plaintiff's FMLA rights under 29 USe. 2601 et

actions violated

seq., and Plaintiff has a remedy against Defendants under 29 U.S.e. 2617.
30. maliciously, Defendants' actions described hereinabove for which Plaintiff is entitled were engaged in recklessly, to an award of statutory,

and intentionally,

compensatory, 31.

and other damages. As a result of Defendants' actions, Plaintiff has suffered damages including, but in excess of Seventy-Five

not limited to, loss of wages and mental anguish, in an amount Thousand Dollars ($75,000.00). COUNT TWO (FMLA Retaliation - Violation of 29 32. forth herein. 33.

u.s.c.

261S(a)(2))

Plaintiff reavers and rea lieges each and every paragraph above as if fully set

Plaintiff was an eligible employee entitled to take a leave of absence under the bedside care of her grandson, with whom she stood in loco

FMLA to provide day-to-day

parentis.

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34.

On November

15, 2010, Plaintiff availed herself of her protected

rights under the

FMLA by notifying

Defendants of her intent to take leave, which Defendants approved on 15, 2010.

December 16, 2010 and made effective as of November 35. took retaliatory

After and as a result of Plaintiff having exercised her FMLA rights, Defendants adverse employment actions against her by,

inter alia, prematurely

terminating

her FMLA leave, even though she had not exhausted her pre-approved and then terminating 36. her employment, allegedly for job abandonment. Plaintiff's

FMLA leave of absence,

A causal connection

exists between

exercise of her protected

FMLA

rights and Defendants' 37.

adverse employment actions violated

actions against her. Plaintiff's FMLA rights under 29 U.S.c. 2601 et

Defendants'

seq., and Plaintiff has a remedy against Defendants under 29 U.s.c. 2617.
38. maliciously, Defendants' actions described hereinabove were engaged in recklessly,

and intentionally,

for which Plaintiff is entitled to an award of statutory,

compensatory, 39.

and other damages. As a result of Defendants' actions, Plaintiff has suffered damages including, but

not limited to, loss of wages and mental anguish, in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00).

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COUNT THREE

(Retaliation - Violation of O.R.C. 4112) 40. forth herein. 41. Plaintiffs husband, Wayne Valentino, engaged in protected activity by filing a Plaintiff reavers and realleges each and every paragraph above as if fully set

lawsuit against Defendants for, inter alia, FMLA violations 42. subsequent After and as a result of Plaintiff's reinstatement, Defendants

and disability discrimination. and her

husband's lawsuit against Defendants,

retaliated

against Plaintiff by, inter alia, subjecting her employment. and conscious

to a series of written 43.

warnings and reprimands retaliatory

and terminating

Defendants'

conduct evidences an outrageous

disregard for the rights of Plaintiff that had a great probability her, substantial damages, thereby rendering Defendants

of causing her, and did cause

liable for damages, including but not

limited to punitive damages. 44. Due to Defendants' retaliatory conduct, Plaintiff's rights under O.R.C. 4112.02

were violated, for which Plaintiff has a remedy under O.R.C. 4112.99. 45. As a result of Defendants' actions, Plaintiff has suffered damages including, but

not limited to, loss of wages and mental anguish, in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00).
COUNT FOUR

(Invasion of Privacy)
46. forth herein. 47. During her FMLA leave, Defendants required periodic status reports from Plaintiff reavers and realleges each and every paragraph above as if fully set

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Plaintiff and medical re-certifications FMLA prohibits

every two (2) weeks for her grandson, even though the medical re-certification for a time period shorter

employers from requesting

than thirty (30) days. 48. Defendants also called the hospital's nursing staff to verify that Plaintiff was obtain confidential medical information pertaining to

present at the hospital and to improperly her grandson. 49. Defendants wrongfully

intruded

into Plaintiff's

private affairs and acted with a

malicious purpose, in bad faith, or in a wanton or reckless manner. 50. Defendants' wrongful intrusions would be highly offensive to a reasonable

person and were, in fact, highly offensive to Plaintiff. 51. 52. Defendants' wrongful intrusions constitute an invasion of Plaintiff's privacy.

As a result of Defendants' emotional

actions, Plaintiff has suffered damages including, but distress, in an amount in excess of Seventy-Five

not limited to, garden-variety Thousand Dollars ($75,000.00).

DAMAGES
WHEREFORE, Plaintiff respectfully A. prays that this Honorable Court: for violation

Order Defendants to make Plaintiff whole by providing compensation

of her civil rights, emotional distress, and punitive damages in an amount in excess' of Seventy-Five Thousand Dollars ($75,000.00); B. Award Plaintiff appropriate back pay, front pay, and reimbursement for lost wages

in an amount to be proven at trial; C. Grant to Plaintiff her attorneys' fees, costs, and disbursements;

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D. E. Dated:

Award Plaintiff pre- and post-judgment

interest at the statutory rate; and

Grant such further and additional relief as this Court deems just and proper. November 7, 2011 Respectfully submitted,

Isl

Matthew

M. Ries

Matthew

M. Ries (0083736)

mries@groedel-Iaw.com Caryn M. Groedel (0060131) cgroedel@groedel-Iaw.com Chastity L. Christy (0076977) cchristy@groedel-Iaw.com CARYN GROEDEL & ASSOCIATESCO., LPA 31340 Solon Road, Suite 27 Cleveland, OH 44139 Telephone: (440) 544-1122 Facsimile: (440) 996-0064

Attorneys for Plaintiff

JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.

Isl

Matthew

M. Ries for Plaintiff

One of the attorneys