ROCKLAND/PORTLAND – Rockland has paid a former assessor $168,000 to settle a lawsuit that was filed in 2018 between the city and employee after said she was fired after suffering a concussion in a car crash.

The lawsuit between Rockland and Doreen French was formally dismissed March 6 in U.S. District Court in Portland.

According to the court filing on Feb. 24, the two parties had 30 days to finalize the settlement and dismiss the lawsuit that was filed on Dec. 18, 2018, in U.S. District Court in Portland.

The details of the settlement released by Rockland City Manager Tom Luttrell, confirms that the settlement consists of a check payment to French for $43,000, less applicable withholdings for taxes and deductions, for her lost wages.

A second check was paid to French and Eastern Maine Law for $125,000.

“The payment shall be for the release and settlement of French’s disputed claim for non-economic damages, including without limitation, alleged emotional distress and attorneys’ fees and costs, and is not intended to be compensation for any back pay or front pay claim,” according to the settlement document.

The agreement further states that the parties understand it is a final compromise of disputed claims and not an admission of liability, wrongdoing or unlawful conduct.

“This agreement also results from the desire of the parties to avoid the expense, delay, inconvenience and the uncertainty of protracted litigation,” according to the settlement document.

Rockland is paying a $10,000 deductible and the city’s insurance company will pay the remaining balance.

Additionally, the agreement stipulates that French will not be reemployed by Rockland.

Luttrell, who was not working for the city when French was fired, provided a letter of reference with the settlement confirming that her dismissal was not the result of job performance issues.

French was employed as the assessor by the city from Feb. 8, 2016-Dec. 20, 2016. She suffered a concussion from a motor vehicle crash on Nov. 9. 2016 when her car was totaled after it was hit in the side by a large truck.

A physician’s assistant, who was French’s primary care provider, confirmed with the city that she had mild amnesia, delayed verbal responses, headaches, vision problems, and was not able to think critically due to her concussion. She was also unable to work on a computer.

French was initially advised by the physician’s assistant that she would need to be out of work through May 2017, but then it was determined that she could begin working one day a week beginning in January 2017 and could build up her working time from that date until she was free of the concussion symptoms, according to the court document.

The physician assistant stated in the lawsuit that “is very different” in how long it takes symptoms to decline, and must be evaluated from week to week.

On Dec. 20, 2016, Acting Rockland City Manager, Audra Caler-Bell, sent French a letter terminating her employment with the city.

“As a result, this letter will sere as notice of your separation from employment with the city effective Dec. 20, 2016. This separation is non-disciplinary; we simply can no longer hold your position open, particularly with the lengthy and uncertain period of incapacity,” Caler-Bell stated in the letter.

The city also contends that French’s injury resulted from a non-work-related accident.

On Jan. 9, 2017, French filed a charge of employment discrimination against the Maine Human Rights Commission and the Equal Employment Opportunity Commission. The agency issued French a right-to-sue letter April 11, 2018.

French contends that Rockland intentionally terminated her employment because of her concussion and a change of health status to being disabled, her requirement for a temporary leave of absence and/or temporary modified work schedule due to the concussion, and in order to prevent her from becoming eligible on Feb. 9, 2017, for FMLA and FMLR leave.

French would have had to be employed with the city for twelve months in order to obtain FMLA benefits.

She also claims in the lawsuit that the city knew its prior assessor, Dennis Reed, was available to cover her job duties during her requested temporary leave of absence and modified work schedule.

French further contends that her requested accommodation was definite and reasonable since Reed was able to fill in as the assessor. The city contends that an employer does not need to grant an employee an indefinite leave of absence.

“Case law in Mane and in other circuits hold that lengthy medical leave is not a reasonable accommodation,” it states in the lawsuit.

Finally, French argued that Rockland cannot demonstrate undue hardship because Mr. Reed was able to cover for her, the city was able to pay him without much difficulty, while Rockland contends that when Caler-Bell terminated French’s employment, she only knew that, “Mr. Reed would reluctantly assist on a very limited contract basis and was understandably concerned about impending deadlines and workload.”

French is represented by attorney John Gause of Bangor.

Rockland is represented by attorney Shiloh Theberge of Bernstein Shur of Portland.

Related story:

https://www.penbaypilot.com/article/settlement-reached-lawsuit-rockland-former-city-assessor/131109

Sarah Shepherd can be reached at news@penbaypilot.com