A settlement has been reached in a Cayuga County Supreme Court case involving a Port Byron woman who accused Cayuga County officials of discriminating against her for filing a harassment complaint against her former boss.
According to a settlement, dated May 6, Rebekah DeTomaso will receive $100,000 in exchange for dismissing her lawsuit against the county.
The case was scheduled to go to trial last month.
According to the paperwork, which was received by the county Tuesday, both sides have agreed that the settlement is not an indication of guilt on the county's behalf, but is instead “a compromise of disputed claims.”
In her lawsuit, Rebekah DeTomaso, the former director of nursing at the Cayuga County Nursing Home, accused the county of retaliating against her by passing her over for promotions, by failing to honor her request to return to work and by placing stricter guidelines on her when she wanted to return to work than on Robert Flynn, the Cayuga County Nursing Home administrator who admitted to harassing her.
Flynn pleaded guilty in 2004 in Sennett Town Court to leaving a harassing message on DeTomaso's work phone.
Flynn was allowed to remain on the job despite the harassment charges. The county placed him on probation and fined him $2,500. He eventually resigned.
In the settlement, DeTomaso acknowledged she received workers compensation in 2004, the same year she resigned from her position at the county nursing home.
During a Sept. 9 court appearance, DeTomaso's attorney, Stewart Weisman, said his client claimed Flynn was allowed to return to work with a hand-written, one-paragraph doctor's note while she was required to get a mental and physical evaluation and had to turn in a five-page, single-spaced medical report before she was allowed to return to work.
Out of the $100,000 the county agreed to pay, it is unclear how much DeTomaso will actually receive.
On top of the $28,000 that will go to her lawyer, DeTomaso will also have to pay off a worker's compensation lien from the New York State Insurance Fund, which handles the county's policy, the settlement said.
Representatives from NYSIF, County Attorney Fred Westfal and Weisman were not available to comment on the settlement or to explain the compensation payment.
The case was scheduled to go to trial last month.
According to the paperwork, which was received by the county Tuesday, both sides have agreed that the settlement is not an indication of guilt on the county's behalf, but is instead “a compromise of disputed claims.”
In her lawsuit, Rebekah DeTomaso, the former director of nursing at the Cayuga County Nursing Home, accused the county of retaliating against her by passing her over for promotions, by failing to honor her request to return to work and by placing stricter guidelines on her when she wanted to return to work than on Robert Flynn, the Cayuga County Nursing Home administrator who admitted to harassing her.
Flynn pleaded guilty in 2004 in Sennett Town Court to leaving a harassing message on DeTomaso's work phone.
Flynn was allowed to remain on the job despite the harassment charges. The county placed him on probation and fined him $2,500. He eventually resigned.
In the settlement, DeTomaso acknowledged she received workers compensation in 2004, the same year she resigned from her position at the county nursing home.
During a Sept. 9 court appearance, DeTomaso's attorney, Stewart Weisman, said his client claimed Flynn was allowed to return to work with a hand-written, one-paragraph doctor's note while she was required to get a mental and physical evaluation and had to turn in a five-page, single-spaced medical report before she was allowed to return to work.
Out of the $100,000 the county agreed to pay, it is unclear how much DeTomaso will actually receive.
On top of the $28,000 that will go to her lawyer, DeTomaso will also have to pay off a worker's compensation lien from the New York State Insurance Fund, which handles the county's policy, the settlement said.
Representatives from NYSIF, County Attorney Fred Westfal and Weisman were not available to comment on the settlement or to explain the compensation payment.
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