IBPO Saves Job of Ailing Single Mother
March 14, 2008
The staff and new leadership of Local 731 worked together with the Judicial Branch to reinstate a chronically ill judicial marshal who was recently terminated from her job.
Judicial Marshal Jackie Martinelli, a single mother of two children, suffers from a chronic medical condition that requires regular weekly treatment. She came back from medical leave in mid-2007 only to learn that she would be transferred to another location—a location that would make it impossible for her to receive these treatments during her lunch breaks, as she had been. She contacted former Local 731 president Tony Pizighelli, who asked her to send him paperwork documenting her condition. The goal, she said, was to either prevent the transfer or secure leave time.
Martinelli qualified for intermittent leave under the Family Medical Leave Act (FMLA), during which she was provided with a certain number of hours each week for treatment. Her condition, however, left her unable to work full-time, and she was advised to simply start calling in sick to work. Meanwhile, she said, Pizighelli asked her to send him additional documentation of her condition because, Pizighelli relayed to her, the Judicial Branch was unsatisfied with her initial paperwork.
Concerned about the repeated requests for additional paperwork, and confused about her status, Martinelli reached out to Acting District Vice President Doug Leach, who involved IBPO attorney Scott Jelescheff. Martinelli was finally able to have her doctor complete FMLA paperwork approving her for full-time leave in December 2007. She sent this paperwork to the Branch in early December. While this packet was en route to the Branch, the Branch sent her a letter informing her of her separation from service—termination—for not showing up to work.
Jelescheff, IBPO Director Paul Birks, acting Local 731 President Carol Soldi-Hall and National Representative David Hebert met with key managers of the Branch’s human resource department in February to address several issues, one of which was Martinelli's case.
Jelescheff and Martinelli then met with Eileen Meehan from the Branch’s human resources department and Maria Kewer from court operations. It was only then that they all discovered that none of the paperwork Martinelli furnished had ever reached the Branch. Once everyone realized what had gone terribly wrong, Meehan reinstated Martinelli immediately, placed her on full-time FMLA leave, and granted leave retroactive to her first absence.
“Once the IBPO staff and the key members of the local leadership got involved and worked with Judicial, Marshal Martinelli was given the protection she deserved,” said Birks. “The current Cromwell staff went above and beyond the call of duty to give her what someone else denied her.”
Martinelli had great praise for IBPO attorney Scott Jelescheff, whose intervention in her case was the turning point. “Scott was my savior. He honestly took things and did exactly what he was supposed to, and did it all quickly,” she said. “He was very compassionate.”
Martinelli remains on leave, but is looking forward to recovery and her eventual return to her job.