Former executive employee sues Whitson’s Culinary Group over alleged FMLA violation


Judge Gary R. Brown of the U.S. District Court for the Eastern District of New York | US Senate Judiciary Committee (Wikipedia Commons)

A former executive employee has filed a lawsuit against Whitson’s Culinary Group, alleging wrongful termination related to her request for family medical leave.

According to the lawsuit,  plaintiff Karen Scott had been employed by the company since January 2001 and served as Vice President of Finance since 2016, claims she was terminated after seeking leave under the Family Medical Leave Act (FMLA) to care for her mother. According to the complaint, Scott had received consistently positive performance evaluations and had no history of disciplinary issues. On December 4, 2024, she contacted the Human Resources Department to inquire about FMLA leave due to her mother's serious health condition. She formally requested intermittent leave on January 27, 2025, following discussions with Vice President of Human Resources Brenna Schettino.

Two days later, on January 29, 2025, Scott was informed during a remote meeting with Senior Vice President of Finance Keith Sumwalt and another executive, Janet Dateno, that her position was being eliminated. At the time, Scott was involved in a confidential corporate acquisition process. The complaint alleges that her termination was pretextual and directly connected to her request for protected leave.

Scott seeks multiple forms of relief, including reinstatement to her former position or an equivalent position without loss of seniority or benefits. She also requests compensatory damages for emotional distress and lost wages, both past and future. In addition, she seeks liquidated damages for what she describes as reckless violations by Whitson’s Culinary Group, injunctive relief to prevent further alleged violations, and reimbursement of legal fees.

The plaintiff is represented by attorneys at Zabell & Collotta P.C. of Bohemia, New York. The case was filed in the United States District Court for the Eastern District of New York under Case ID 2:25-cv-03246.

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