Former Trumbull worker files suit against county engineer and others

Staff report

WARREN

Nancy C. Guerini of Niles, a former nonunion employee of Trumbull County Engineer Randy Smith who pushed for donated sick-leave time from co-workers, has sued Smith, the county commissioners and others.

Guerini, 54, is suing under five federal acts, plus the Ohio Civil Rights Act and Common Law and is seeking at least $25,000 each in compensatory, liquidated, punitive, exemplary and hedonic (loss of the value of life) damages and attorneys fees.

She also seeks reinstatement to her former position of assistant personnel director or an equivalent position.

Her attorneys, Ned C. Gold Jr. and Sarah Kovoor, filed the suit midweek in Trumbull County Common Pleas Court. It is assigned to Judge Ronald Rice.

The suit says Guerini was terminated effective May 25, 2013, from her job in a June 14, 2013, letter from Smith. Vindicator files say she was terminated after she had used up her sick and vacation time and then used her 12 weeks of unpaid time off guaranteed through the federal Family and Medical Leave Act.

The suit said Guerini became ill in November 2011, when she suffered a compound fracture of her back caused by a tumor on her spine. She received radiation treatment and chemotherapy, then received a more-aggressive treatment in 2012 that made it impossible for her to work, the suit said.

Co-workers volunteered to give Guerini some of their sick time, but Smith refused to allow it.

The county commissioners enacted a countywide policy for donated sick time, but they allowed department heads such as Smith to opt out of it, which Smith did, according to Vindicator files.

Smith, when contacted about the lawsuit, said he had not seen it and has “no further comment at this time.”

The suit says her termination violates the Americans With Disabilities Act, Civil Rights Act relating to sexual discrimination, Federal Age Discrimination in Employment Act, Family and Medical Leave Act, and Consolidated Omnibus Budget Reconciliation Act (COBRA).