At the Feb. 1 Frankford Town Council meeting, Councilman Marty Presley announced that the Town was facing a lawsuit filed by its former administrator, Terry Truitt.
“She’s suing for 100 percent of her back vacation and sick time,” said Presley. “We actually received the suit a couple months ago.”
Presley said Truitt was suing the Town for just under $12,000, and that town solicitor Chad Lingenfelder had been apprised of the matter.
“Chad is on top of it. He has looked at everything. He has presented a counteroffer which we think is absolutely fair. She has declined that counteroffer, so it’s going to go to trial.”
According to Truitt, on her last day, with her having stayed through the last payroll of the month, both then-council-president Joanne Bacon and Councilwoman Pam Davis signed a check paying her for her unused vacation and sick days. However, Bacon placed a stop-payment on it the following day.
“The payroll denoted on my regular paycheck, each and every week, the same totals as I ran for the vacation and sick time that was owed to me on that separate check,” said Truitt. “It was on each and every check, week in, week out. For the whole duration of my 14 years there.”
Truitt, who has retained Greg Morris of Liguori, Morris & Yiengst as her attorneys in the case, said she was not informed by any council member about the stop-payment but instead by her own bank.
Although the Town has referenced an employee benefits policy from 1998, according to Truitt, the council had never followed that policy when it came to former employees.
She noted that former employees, including police officers William Dudley and Nate Hudson, had been paid for their unused sick days and vacation days following their departures from the Town’s employment, both of which were within the last year.
Truitt said she is requesting to be paid all of her owed unused sick days and vacation time, under $12,000 net pay, which, after taxes, equates to just over $7,000.
“We think our offer was fair and according to her employment contract,” said Presley. “We think what is owed is about $4,500, based on her contract… She had the same contract as all Town employees, which is vacation and stick time, how it’s accrued. She was subjected to the same vacation and sick time as all employees of the Town have over the last 15 years.”
The matter is scheduled to go to trial on March 22 in Dover.