The following article was first published on Shipman & Goodwin attorney Dan Schwartz’ Connecticut Employment Law Blog. It is reposted here with permission.
A recent Connecticut Appellate Court decision should raise the eyebrows for every employer in the food service and hospitality industry.
The case, Gentile-Riaz v. Samo Thraki LLC, officially released last month, allowed a retaliatory discharge claim to proceed when an employee complained to a municipal health district about unsanitary conditions at her workplace.
While the decision does not represent a dramatic shift in Connecticut’s whistleblower law, it clarifies when employees can proceed directly to court—and serves as yet another reminder that retaliation claims remain among the most difficult for employers to defend.
Corie Gentile-Riaz worked at Midway Pizza in Groton. In April 2022, she emailed the Ledge Light Health District describing numerous alleged health code violations—rodent problems, employees smoking in the kitchen, improper food storage, and an owner using the same knife to cut raw and cooked chicken.
She stated she was “concerned for people’s health” and worried customers could get sick.
An inspector visited on April 12, 2022, and apparently disclosed who made the complaint. The next day, she was fired.
The employer moved to dismiss, arguing she should have exhausted administrative remedies with OSHA before suing under Connecticut’s whistleblower statute, General Statutes Section 31-51m.
The...
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