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Gentile-Riaz v. Samo Thraki, LLC

Conn. App. Ct.December 16, 2025No. AC47504
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Case Details

Judge(s)
Alvord; Wilson; Sheldon
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
Appeal from trial court dismissal; case remanded

Related Laws

Claim Types

Whistleblower

Outcome

Appellate court reversed trial court's dismissal for lack of subject matter jurisdiction in whistleblower retaliation case, holding that administrative exhaustion requirement did not apply because plaintiff's health complaint concerned public health rather than occupational safety.

Excerpt

The plaintiff appealed from the trial court's judgment granting the defen- dants' motions to dismiss her retaliatory discharge action, which alleged a violation of the whistleblower statute (§ 31-51m). The plaintiff, while employed at a pizza restaurant owned by the defendant S Co. and managed by the defendant L, submitted a complaint to the local health district reporting unsanitary conditions at the restaurant. The day after a health inspector visited the restaurant and disclosed that the plaintiff had made the complaint, the defendants terminated her employment. The plaintiff claimed that the trial court erred in determining that it lacked subject matter jurisdiction on the ground that she had failed to exhaust administrative remedies available through the Department of Labor, as required by § 31-51m (c). Held: The trial court improperly granted the defendants' motions to dismiss the plaintiff's retaliatory discharge action on the ground that it lacked subject matter jurisdiction, as the plaintiff's action focused on her employer's con- duct in terminating her employment following her complaint to the health district, the substance of which related to public health, not occupational safety or health. Argued September 9—officially released December 16, 2025

What This Ruling Means

**What Happened** An employee at a pizza restaurant reported unsanitary conditions to the local health department. The day after a health inspector visited the restaurant and revealed that the employee had made the complaint, she was fired. The worker sued her employer, claiming she was illegally fired for whistleblowing. However, the trial court dismissed her case, saying the court didn't have the authority to hear it. **What the Court Decided** The appeals court disagreed with the trial court and sent the case back for further proceedings. The appeals court ruled that the employee didn't need to go through administrative processes first before filing her lawsuit. The key distinction was that her complaint involved public health concerns (unsanitary restaurant conditions affecting customers), not workplace safety issues that would require going through OSHA procedures first. **Why This Matters for Workers** This ruling protects employees who report public health violations. Workers can file lawsuits directly in court when they're fired for reporting health code violations or other public safety concerns, without having to exhaust administrative remedies first. This makes it easier for employees to seek justice when they're retaliated against for protecting public health and safety.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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