Woman Fired While on Maternity Leave From RI Town Receives $800,000 Judgment 8 Years Later

Woman Fired While on Maternity Leave From RI Town Receives $800,000 Judgment 8 Years Later

One of Rhode Island’s most financially beleaguered towns has been hit with an $800,000 judgment for firing an employee who was on maternity leave.

The battle between plaintiff Ashley Hahn, who was the Town Planner in the Town of West Warwick, and her former employer played out over eight years, after she went on maternity leave in 2014. 

Hahn was fired as she attempted to make arrangements to return to work in the summer of 2014, after suffering postpartum depression.  

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This week, the Town of West Warwick acknowledged a consent judgment of $800,000 ordered in Kent County Superior Court, after Hahn had sued the town— and a trial by jury found West Warwick guilty of discrimination based on her sex and disability. 

It will be split by the town paying $640,000 — and $160,000 coming from the town’s insurer, the Rhode Island Interlocal Trust. 

Hahn’s lawyer Mark Gagliardi told GoLocal that the nearly decade-long legal battle didn’t have to occur. 

Gagliardi, when retained by Hahn following her firing, served a notice of claim on October 6, 2014. 

“Before you file a lawsuit you have to give [the defendant] 40 days to resolve,” said Gagliardi. “I sent a detailed letter with our demands — reinstatement with back pay or a lump sum for $150,000.”

The result?

“No response, no counter offer,” said Gagliardi. 

 

About Case 

The lawsuit filed by Gagliardi on January 14, 2015 outlines the timeframe of Hahn’s employment — and termination. 

“In or about November 2013, Hahn been working for Defendant Town of West Warwick as a ‘Town Planner/Economic Development Coordinator,’” according to the lawsuit.  “Prior to working for Defendant Town of West Warwick, Hahn had extensive experience, working as a Town Planner for the Town of Hopkinton for two years, and the Town of Charlestown for six and one-half years.”

The lawsuit states that when Hahn’s employment commenced in November 2013, she was "visibly pregnant" with a due date of March 31, 2014.

“Defendant knew that Hahn was expecting to give birth in early 2014, and from March 30, 2014 to June 23, 2014, Hahn took a pre-approved maternity leave,” according to the lawsuit. “Shortly after giving birth, Hahn began to suffer medical complications related to her pregnancy, and informed the town that a return-to-work date of June 23, 2014 was unlikely.“

According to the lawsuit, Hahn told the town she was admitted to a day program at Women and Infants Hospital to receive treatment, and would likely not complete the program until July 8, 2014.

Communication between Hahn and the town continued, and she said on July 7, 2014 that her treatment would be ongoing, and she would be able to return to work on August 11, 2014. 

Hahn met with the town and informed them of her postpartum depression — and was told by her manager that he was going to start “collecting resumes just in case” she didn’t return on August 11, 2014. 

The Town Manager said he met with members of the planning board, and was told Hahn was “not a good fit” for the position — and that he was terminating her employment. 

“At all times during the course of Hahn’s employment with Defendants, her job performance always met or exceeded expectations,” according to the suit. 

Gagliardi argued that the town violated three sections of the Rhode Island Civil Rights Act of 1990, illegal discriminating against Hahn based on her disability and sex. 

“Defendants conduct warrants the imposition of punitive or exemplary damages, because the Defendants intentionally and maliciously and without justification or excuse terminated Hahn’s employment because of her sex and/or because of a disability…thereby demonstrating reckless and callous indifference to Hahn’s right to work in an environment free from unlawful disability and sex discrimination,” according to Gagliardi in the suit. 

 

Jury Finds West Warwick Liable 

Gagliardi told GoLocal that this past April, the jury returned a judgment of $270,000 — $220,000 in economic losses and $50,000 in pain and suffering.

However — that didn’t include the 12% annual interest going back to the date of unlawful conduct, and attorneys fees. 

Gagliardi said during the course of the legal proceedings, he picked apart each of the city’s arguments, including that the town claiming members of the planning board said Hahn had not been a “good fit.”

The planning board members were disposed — and none corroborated the town’s claim.

Instead, Gagliardi showed how Hahn’s successor — a middle-aged male with no children — applied for her job on a Friday and interviewed with the town the following Monday morning. 

And Hahn was fired that Monday afternoon.

“I do not know Miss Hahn personally as she was an employee for such a short period of time,” said Warwick Town Council President David Gosselin when reached for comment. “The council was not involved in her termination and wish it could have been resolved in a better manner.”

“It was an unfortunate decision by the jury who awarded the settlement,” he added. “It was also unfortunate that the case took so long for the parties involved. It is very unfortunate that interest was added on to the settlement especially during the [coronavirus] period.” 

Gagliardi said the ultimate judgment costs to West Warwick were self-inflicted.

“The biggest area of exposure I see is where the employer doesn’t know the law,” said Gagliardi, who is a seasoned plaintiff attorney. “Even if you’re not well versed in the law — you shouldn’t fire someone on leave.”