Culmone-Simeti v. N.Y.C. Dep't of Educ.

3 Citing cases

  1. Bernstein v. N.Y.C. Dep't of Educ.

    19-cv-11816 (LJL) (S.D.N.Y. Sep. 27, 2021)

    ” Kalp v. Kalmon Dolgin Affiliates of Long Island, Inc., 2013 WL 1232308, at *9 (E.D.N.Y. Mar. 27, 2013); see also Culmone-Simeti v. N.Y.C. Dep't of Educ., 2019 WL 2409736, at *3-4 (S.D.N.Y. June 7, 2019) (dismissing constructive discharge where plaintiff chose not to seek redress through the disciplinary process or otherwise challenge the alleged unwarranted performance ratings); Reiss, 2019 WL 4688639, at *11. II. The Court Dismisses Plaintiff's State Law Claims Against DOE and Declines to Exercise Supplemental Jurisdiction Over Plaintiff's State Law Claims Against Mercedes

  2. Loth v. City of New York

    20 Civ. 9345 (GBD) (S.D.N.Y. Sep. 21, 2021)

    Additionally, as the Stipulation Agreement hows, Plaintiff was accompanied by a union representative at the December 19, 2019 meeting. Culmone-Simeti v New York City Dep't of Educ, 2019 U.S. Dist. LEXIS 96174, at *9-ll (S D N.Y. June 7, 2019) (rejecting duress defense where Plaintiff was represented at settlement meeting). Finally, Plaintiff made no attempt to repudiate the Stipulation Agreement until she filed her Verified Complaint.

  3. Bernstein v. N.Y.C. Dep't of Educ.

    19-cv-11816 (LJL) (S.D.N.Y. Nov. 9, 2020)   Cited 13 times
    Affirming Morgan ’s continuing relevance for the proposition that termination and refusal to rehire are discrete acts and that if one such discrete act is time barred, it is not actionable, even if it relates to acts alleged in the timely filed charge

    His Complaint thus does not create the reasonable inference that Bernstein's alleged constructive discharge in November 2018 was based on the cumulative effect of the events beginning in 2015 when he did not retire any time proximate to 2015 and the ensuing acts of which he complains were only sporadic thereafter. See Pfizenmayer v. Hicksville Pub. Schs., 2017 WL 5468319, at *9-10 (E.D.N.Y. Jan. 24, 2017) (dismissing constructive discharge claim where acts occurred sporadically over a short period of time and three months elapsed between act and retirement); see also Culmone-Simeti v. N.Y.C. Dep't of Educ., 2019 WL 2409736, at *3-4 (S.D.N.Y. June 7, 2019) (dismissing constructive discharge where plaintiff chose not to seek redress through the disciplinary process or otherwise challenge the alleged unwarranted performance ratings). Moreover, criticism—here, in the form of disciplinary letters—is not enough to support a claim for constructive discharge.