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Settlement reached in former city employee’s legal suit

Jeremy M. Lazarus | 3/8/2019, noon
A former city employee is moving to settle her federal lawsuit against the City of Richmond for wrongful termination and ...

A former city employee is moving to settle her federal lawsuit against the City of Richmond for wrongful termination and violations of federal laws regarding medical leave and overtime pay.

City Attorney Allen L. Jackson confirmed that the city and Dikiviya Howell reached an agreement Feb. 27, but would not disclose the terms.

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Allen L. Jackson

Ms. Howell could not be reached for comment, and her attorney, Nichole B. Vanderslice, declined to comment.

The city initially denied Ms. Howell’s claims of federal law violations and had requested the U.S. District Court in Richmond to dismiss the suit for alleged lack of evidence.

According to people with knowledge of the settlement, the city plans to pay Ms. Howell between $70,000 and $80,000, but will not reinstate her. They declined to be named as they are not authorized to comment on the suit.

A city employee for more than 11 years with a good record, Ms. Howell sued after she was terminated last June from her job as a tax enforcement officer in the city Department of Finance.

According to her suit, Ms. Howell sought to work from home while caring for her two seriously ill children.

She initially gained approval, then her superiors in the department refused to pay her for her work, revoked her telecommuting privilege without explanation and ultimately fired her for being “absent without leave” even though she was still covered by the federal Family and Medical Leave Act, her suit claimed.

Ms. Howell also alleged that city Finance Director John B. Wack barred her and the other tax enforcement officers from claiming overtime pay when they worked more than 40 hours a week. When she filed for overtime, the city’s computerized payroll records were changed to eliminate it, the suit alleged.