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Worker lawsuits plague Penn Forest

On Nov. 1, 2013, the employees of Penn Forest Township voted unanimously to join the Teamsters Local 773 out of Allentown. It seems that it has been all downhill for the employees since then.

Three of the key personnel involved in the organizing effort have either resigned or been terminated since the vote. Two have filed lawsuits; one was recently settled and one is still in litigation.In June, township treasurer Mary Ann Lewellyn filed a suit in the Middle District of the U.S. Court naming Penn Forest Township and township supervisors Alan Katz and Christine Fazio as defendants in an action alleging violation of the Uniform Services Employment and Re-Employment Right Act and the Family Medical Leave Act for wrongful termination and retaliation.Lewellyn, who retired as a sergeant major from the U.S. Army in 1998, receives her medical benefits through Veterans Affairs.In her complaint, Lewellyn says that as a condition of her employment in October 2011 with Penn Forest Township she was to receive reimbursement for the value of the medical benefits she was entitled to, but not receiving, as a full-time employee. Based on this understanding, and the township's employee handbook, Lewellyn accepted the job at $16 an hour, on the condition that she would be eligible to receive the reimbursement upon completing her 90-day probationary period.According to the complaint, when Lewellyn requested the reimbursement, she was informed by then township solicitor Gregory Mousseau that supervisor Alan Katz "wanted you gone has something to do with health insurance benefits."In response to Mousseau's comment, Lewellyn filed a complaint under the USERRA.Lewellyn's complaint lists numerous incidents alleging retaliation for having filed the USERRA complaint, including termination, denial of training, harassment and other abuses.Lewellyn sought medical treatment for "severe anxiety," according to the complaint.She said in the complaint that despite providing the necessary medical documentation to support her requests for leave under the FMLA, she was terminated on Jan. 4, 2013.After Lewellyn filed the complaint, she was reappointed to her position on March 4, against the objections of both Katz and Fazio.Another suitMore recently, township employees Cindy Henning and Carol Matthews were terminated for insubordination, according to meeting records.On Nov. 10, Henning filed a complaint in the Court of Common Pleas in Carbon County naming Penn Forest Township and four of its supervisors as defendants. Warren Reiner, chairman; Phil Shedaker, vice chairman; and supervisors Christine Fazio and Scott Lignore were all named defendants, both as supervisors and individually.Supervisor Judy Knappenberger was not named in any complaints.According to Henning's attorney, William Vinsko Jr. of Wilkes-Barre, Henning's complaint will be officially served on the township sometime within the next week.Henning's termination stems from different circumstances, but alleges much of the same harassing behaviors and conducts on the part of the named supervisors.Henning's complaint alleges that while in the course of her employment as the transfer station secretary, Henning uncovered "potential and/or likely illegal activity involving potential misappropriation of funds related to the transfer station and road maintenance."The complaint further alleges that Henning took the information she obtained to supervisors Paul Montemuro and Alan Katz. Both Katz and Montemuro are no longer on the board of supervisors.Henning, hired by the township in September 2010, worked with Montemuro and Katz to bring the information to the attention of the state police, the Carbon County District Attorney and ultimately the FBI.The complaint alleges that following her discovering and reporting the improprieties, "her work environment became increasingly hostile."Henning's complaint also alleges that township Supervisor Scott Lignore "did not have inspections on construction jobs as required by the Pennsylvania Uniform Construction Code, ... that he allegedly did not follow setback requirements and that he failed to pay his amusement tax as required by Ordinances 1-1981 and 05-2012."The complaint also gives details of an incident that took place on May 9. Henning alleges that during an argument that took place between supervisors Reiner and Lignore and employee Carol Matthews, Henning was blocked by Reiner, who " … then grabbed Henning's arm and directed her back to her office."During the argument, Lignore told them, "It wasn't like this until you (sic) guys brought the union in here," according to the complaint.FiredFollowing the incident on May 9, both Henning and Matthews were terminated for insubordination, according to the complaint.Henning's complaint includes two counts under which she is seeking compensation. The first count is for violation of the Pennsylvania Whistleblower Act. The second count is for wrongful termination."Once the township and the parties have been served, I expect we will have some discussions regarding possible resolutions," Vinsko said. "At this point everything is on the table."When asked about the claims of possible misappropriations made by Henning, Vinsko said, "Currently, there is no information available regarding the outcome of the claims Ms. Henning made regarding potential illegal misappropriation of funds. This suit is about what is contained herein, but that doesn't mean that all of the issues have been addressed or resolved."SettlementOn Oct. 14, Lewellyn settled her case with the township for $50,000. She submitted her resignation the same day.Henning's case is ongoing.Reiner was reached for comment regarding the number of recent, new township employees whose employment seemed "short-lived.""A few of the new hires had long travel times, some more than 30 miles. After a few days they just decided that the commute was too much for them," Reiner said."As for our current employees, we are very satisfied, we have some very good employees."Reiner declined any comment on either Henning or Lewellyn's lawsuits or performance.Former supervisorsFormer Penn Forest Chairman Paul Montemuro was quick to come to the defense of both past employees."In dealing with professionals, Lewellyn and Henning both always went over and above what was expected of them," Montemuro said."Both of these women made the township run effortlessly. They always went well beyond my expectations."When Henning was reached for comment, she said that she is stressed by all that has happened. She is currently under a doctor's care, her unemployment has run out and she has been unable to secure new employment."I just don't understand why the supervisors didn't pull the video footage of the May 9 incident. It would have proved that Reiner grabbed me," Henning said.The Times News reached out to Carol Mathews and Teamsters 773 representative Joe Weider for comment.Neither returned calls as of press time.