Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Reeves v. City of Yonkers

United States District Court, S.D. New York

May 24, 2017

IVY L. REEVES, Plaintiff,
v.
CITY OF YONKERS, Defendant.

          Ivy L. Reeves Yonkers, NY Pro Se Plaintiff

          Hina Sherwani, Esq. Gregory S. Spicer, Esq. Matthew I. Gallagher, Esq. Corporation Counsel for the City of Yonkers Yonkers, NY Counsel for Defendant

          OPINION & ORDER

          KENNETH M. KARAS, District Judge

         Pro se Plaintiff Ivy L. Reeves (“Plaintiff”) brings this Action against the City of Yonkers (the “City” or “Defendant”) pursuant to Title VII of the Civil Rights Act (“Title VII”), 42 U.S.C. § 2000e et seq., and the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12112 et seq., alleging that she was “[t]erminated [from her job] while out for medical attention, ” (Compl. 3 (Dkt. No. 2)).[1] Specifically, Plaintiff claims that she was terminated after requesting sick leave because certain employees of Defendant assumed Plaintiff was “running for office and taking time off for campaigning.” (Id. at 5.) Before the Court is Defendant's Motion To Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion”). (See Dkt. No. 22.) For the reasons to follow, Defendant's Motion is denied.

         I. Background

         A. Factual Background

         The following facts are taken from Plaintiff's Complaint and are assumed true for the purpose of resolving the instant Motion.

         Plaintiff began working for Defendant on January 1, 2012 as an employee of Michael Sabatino, a member of the Yonkers City Council (“Councilman Sabatino”). (See Compl. 5.) Plaintiff avers that Councilman Sabatino told her that “he was under extreme pressure not to hire [Plaintiff] from the [D]emocratic [P]arty, ” and certain individuals who “did not want [Plaintiff] to have a job with the [C]ity.” (Id.)

         “Around 2012/2013[, ] while working for the [C]ity of Yonkers[, ] [Plaintiff] was hospitalize[d] with a gastric volvulus and was scheduled for surgery.” (Id.) Plaintiff “returned to work after approximately a week with documentation.” (Id.) In “April or May of 2015, ” following “three and one half years [at the City Council] and approximately [two] years as the office manager, ” the office became “short staffed and needed coverage for other person[nel] who had called out . . . on medical leave.” (Id.) “[Councilman] Sabatino hired a temp[], ” and on “June 1, 2015[, ] when one of the full time staff members returned to work after a month . . . [of] medical leave, ” Plaintiff requested time off beginning June 2, 2015. (Id.)[2] For the two weeks leading up to her request for leave, Councilman Sabatino “would not speak to [Plaintiff].” (Id.)

         Plaintiff's “nerves and heart were acting up due to the stress of what was happening at work” and she was experiencing joint inflammation and pain. (Id.)

         Plaintiff had a doctor's appointment scheduled at 3:15 p.m. on June 2, 2015. (Id. at 6.) On the evening before the appointment, after Plaintiff had requested time off, Councilman Sabatino emailed Plaintiff that she “was expected to be at a meeting at 3 [p.m.] on June 2nd.” (Id.) “To [Plaintiff's] knowledge[, ] no office worker[] ha[d] ever been asked to return to work after requesting time off.” (Id.) Plaintiff attended the doctor's appointment and “was given a note to not return to the office for [two] weeks . . . due to stress and tension of the hostile and toxic work environment.” (Id.)

         In a letter dated June 8, 2015 and appended to Plaintiff's Complaint, Councilman Sabatino informed Plaintiff that he was “denying [her] request” for compensatory time, because “it ha[d] become abundantly clear that [Plaintiff] intend[ed] to use this time for political and/or campaign purposes.” (Id. at 7.) The letter informed Plaintiff that her “candidacy for Council . . . create[d] a direct conflict of interest . . . between [her] status as a candidate and [her] role as an employee in the Office of the Minority Leader.” (Id.) Plaintiff was informed that she would be “terminate[d] . . . from [her] current position effective at the close of business on Tuesday, June 9, 2015.” (Id.)

         Plaintiff avers that she “was treated differently” from other staff members who had requested sick leave and that Councilman Sabatino “did not act on policy protocol[, ] but instead on political dedication in regard[] to [Plaintiff's] termination.” (Id. at 6.) Plaintiff requests $32, 000 in back pay and $220, 000 for “4 y[ea]rs estimate of service [and] . . . salary at the time.” (Id. at 4.) In addition, Plaintiff seeks punitive damages and compensatory damages of $100, 000 for “pain [and] suffering[, ] . . . mental anguish[, ] depression[, and] stress.” (Id.)

         B. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.