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Ex-mayoral assistant claims discrimination
(by Sue Reid - December 14, 2011)
Ex-mayoral assistant claims discrimination
By SUE REID
Claiming wrongful termination and age discrimination, former mayoral assistant Sally Deitrick has filed a lawsuit in the Cuyahoga County Court of Common Pleas against Mayor Susan A. Drucker and the city of Solon. She is seeking $250,000 in damages.
Following a special meeting last week, Solon City Council approved an ordinance to hire the law firm of Thompson Hine to serve as special legal counsel for the suit.
Mrs. Deitrick, a resident of Aurora, is represented by attorney Susan L. Gragel. The firm's focus is representing individuals and labor unions in employment disputes.
Mrs. Deitrick, 60, who was hired by the city on Dec. 1, 1997, was terminated this May. She had been on paid sick leave since Feb. 24. For 12 years of her employment in Solon, she served as assistant to former Mayor Kevin C. Patton.
Mrs. Deitrick's salary was slightly more than $68,000 a year.
A termination letter from Mrs. Drucker cites "substandard" job performance, a "lack of loyalty" and a failure to properly account for time and days off, among other issues.
Mrs. Drucker, who was elected mayor in November 2009, said she had stated to Mrs. Deitrick that she would remain in the position for the first year of the new administration, and "we would see how it worked."
The mayor's assistant is an at-will position, meaning it is at the pleasure of the mayor.
Mrs. Drucker also stated in her letter that, if she made a change in Mrs. Deitrick's position, she would attempt to find her another one. The mayor's letter stated that she twice offered Mrs. Deitrick positions in the police department, but she did not accept them. Mrs. Drucker said, if Mrs. Deitrick was interested in a part-time civilian position within the police department, she intended to make it full time.
That letter is alleged in the lawsuit to be libelous, Ms. Gragel said.
According to Mrs. Deitrick's lawsuit, Mrs. Drucker promised and represented to her that she would remain employed as a full-time assistant to the mayor if she was elected mayor. The suit says that Mrs. Deitrick supported Mrs. Drucker's candidacy for mayor.
Mrs. Deitrick's suit alleges that Mrs. Drucker told her in January that she had one day to decide to accept an administrative transfer to a part-time position in the Solon Police Department at a reduced pay rate and without benefits.
It says that Maria Farley, 29, who was hired as a part-time employee in the mayor's office in March 2010, was given "meaningful duties" in the department. Ms. Farley, who had been Mrs. Drucker's co-worker at Bedford Municipal Court, became full time on July 1.
Mrs. Deitrick's suit contends that Mrs. Drucker targeted older employees and became verbally abusive toward her.
Mrs. Deitrick was temporarily assigned to work in the Solon Senior Center before taking sick leave.
During 2010 and 2011, Mrs. Deitrick was under medical care. The stress from harassment and discrimination in the workplace, along with repeated threats of loss of full-time employment, salary reductions, cancellation of health insurance and loss of unreduced Public Employees Retirement System benefits, aggravated her medical conditions and caused further illness, according to Mrs. Deitrick's lawsuit.
Mrs. Drucker's letter says Mrs. Deitrick failed to provide details of her condition or when she would return to work.
"It is worth mentioning that during your 'medical leave,' my office did receive a phone call confirming your appointment for a cooking class," Mrs. Drucker's letter says.
According to the ordinance approved by City Council to hire Thompson Hine, the firm is authorized to file any and all counterclaims necessary and proper in the defense of the city and Mrs. Drucker.
Mrs. Drucker said following the meeting that she stands behind her termination letter "100 percent, and council stands behind it."
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