Congratulations to Partners Craig Rizzo and Maria Massucci on achieving a pre-answer dismissal of a wrongful termination and retaliation claim that included allegations of violations of due process and conspiracy. Plaintiff brought an action against the municipal client for wrongful discharge following termination for failing to comply with the Municipality’s Collective Bargaining Agreement. Several years prior, plaintiff plead guilty to disciplinary charges, resulting in a voluntary stipulation of settlement that, in effect, deprived plaintiff of his Civil Service Law § 75 rights, including to a hearing under the CSL. As a result, plaintiff was placed on probationary status with regard to discipline and/or termination to the extent that same was not arbitrary or capricious. Thereafter, issues arose as to plaintiff’s failure to report his arrest to the Municipality, which he was obligated to do under the Collective Bargaining Agreement. The Municipality subsequently terminated plaintiff for same. In the action, plaintiff asserted various violations of the Civil Service Law, breach of contract, due process, conspiracy and retaliation based upon his having previously brought claims against various elected and governmental officials to the Federal Government, as well as claims of nepotism over the course of his employment with the Municipality. Ultimately, Supreme Court agreed with our client’s contentions, including that the termination was not arbitrary or capricious, and that any prior claims brought out against government officials were several years prior to the termination and not related to the disciplinary action taken against him.
Accordingly, the Court granted our client’s pre-answer motion and dismissed the complaint in its entirety. Another terrific result for the Firm, which protected the Municipality from large exposure potential, including a claim for punitive damages. Congratulations once again to Craig and Maria. Great result!