HHC Whistleblower Gets His Job Back

August 6, 2004
Deidre McFadyen

The city has agreed to rehire a former hospital Maintenance Worker and pay him $100,000 in back pay and damages to settle a Federal whistleblower lawsuit.

Catalino Ramirez, who worked at Gouverneur Hospital, contented that he was fired in 2002 in retaliation for accusing his supervisor of storing confidential medical files in his apartment building and ordering him to do carpentry on his supervisor's private projects during work hours.

'Signal to Employees'

"HHC has a strong policy against retaliation in the workplace," said a statement issued by the Health and Hospitals Corporation. "Because of concern that some documents in this case may give the appearance of retaliation, and to send a strong signal to employees, the corporation has settled this case and made every effort to make this employee whole."

The supervisor was docked more than $11,000 in annual leave pay, an HHC spokeswoman said.

In the complaints filed with HHC's Inspector General in 2001, Mr. Ramirez contended that the hospital's supervisor of maintenance work directed him to leave Gouverneur from time to time to do work using city tools on a synagogue where the supervisor was a member. Mr. Ramirez also complained that the supervisor kept confidential medical records in the unlocked basement of his Manhattan condominium complex.

Early the next year, Mr. Ramirez was hit with "frivolous and bogus" disciplinary charges, including unauthorized use of tools, sleeping in the carpenter's shop, and possession of a firearm, according to his attorney Philip E. Taubman of Taubman Kimelman & Soroka. Mr. Ramirez, who was hired in 1997, previously had a spotless work record, the attorney said. All the charges against Mr. Ramirez were eventually dropped or found unsubstantiated at hearings, he said.

The city invoked its right to dismiss provisional workers without cause to terminate Mr. Ramirez in March 2002. Hospital officials claimed that they were replacing him with a candidate on a civil service list.

Mr. Taubman noted, however, that other provisional workers at Gouverneur with less seniority than Mr. Ramirez were allowed to stay on the job.

"Catalino Ramirez should be commended for his actions," he said. "But you see instead in many city agencies the culture of retaliation and threats."

Mr. Ramirez declined a request for an interview.

The lawsuit, which was filed in March 2003, claimed that the city interfered with Mr. Ramirez's right to free speech and right to speak out on a matter of public interest without fear of retaliation.

The court case had not yet reached the trial phase when the city agreed to settle.

"Obviously, when they are paying this amount of money and reinstating someone, they don't think they have much merit," said Mr. Taubman.

Of the $100,000, $60,000 represents back pay owed and the remainder is a damage award for emotional distress, the attorney said.