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Tynan v. Vicinage 13 of the Superior Court of New Jersey5/31/2002
r stomach got in knots whenever Pardo called. At this meeting, according to Tynan, she also submitted medical proof from her doctor.
Thereafter, Regan developed a five-point list of recommendations to handle the problem. The recommendations required the Human Resources Manager to present an overview to Pardo and Tynan as to their respective roles and how they relate to the organization. In addition, Tynan was to establish the goals and objectives for her job and Pardo was "to be on site one day a week until there is improvement in the situation." Significantly, Pardo was to develop a plan with input from Tynan as to how "to improve the negative working relationship that exists." Regan was to meet with both parties in six months to review the status of these efforts. The assignment judge concurred in this five-point plan and directed Regan to monitor the situation.
Subsequently, a meeting was held on April 8, after the assignment judge had reiterated that both Tynan and Pardo were valued employees and that he wished for everyone involved to work out the situation. Tynan was concerned with the evaluations in her personnel file that according to her were false and misleading. However, Pardo refused to change her evaluations and stated that "I stand by everything I have written."
Shortly after the April 8 meeting, Tynan went on leave. After using her vacation and sick time, she applied for and was granted a family leave, which was scheduled to end on March 15, 1999, some eleven months after she went on leave.
Nothing further was done with respect to the Regan plan while Tynan was on medical leave. From time to time while she remained on leave, Tynan forwarded medical reports to Pardo. In September 1998, Dr. Jones recommended that Tynan remain on sick leave "while she is being treated for depression and hypertension." The doctor also recommended that "she avoid any contact with Angela Pardo because this seems to profoundly affect her condition."
In November 1998, the doctor noted that Tynan "must report to a different administration upon return" to work. Pardo discussed this note with defendant Eugene Farkas who claimed not to understand the request. Consequently, the vicinage ignored it.
Toward the end of her eleven-month leave on March 4, 1999, Tynan requested additional leave and noted in her letter to Pardo that her "physician will be preparing a letter indicating accommodations regarding my return to work at the end of the leave of absence." Pardo denied Tynan's request to extend her leave and insisted that she return to work or be considered to have resigned her position.
Tynan's March 12, 1999, letter to the assignment judge asked if she could appeal Pardo's denial of the extended leave request. In this letter, Tynan stated that she was "unable to return to work immediately due to medical problems directly attributable to my work situation." Tynan also explained that she was forced to make the leave request to Pardo, despite the fact that her "physician directed, in previous documentation to Human Resources Division . . . that I have no contact with [Pardo] due to the physical and emotional reaction that I have to her as the result of her treatment of me." Tynan then charged that "My disability has not been accommodated."
In the same letter to the assignment judge, Tynan noted that Pardo had ordered Tynan's office to be cleared out eleven days before the end of her Family Leave. In addition, Tynan then noted an "announcement of the positional change of counterpart in Somerville to a Vicinage position that would certainly have been qualified for, and of which received no notification. . . ." She also told
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