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November 9, 2009

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County firing causes uproar

Tuesday, Sept. 19, 2000 | 11:08 a.m.

The firing of an assistant Clark County recorder just hours after she requested time off for military duty and maternity leave has county officials scrambling to resolve the termination case.

Colleen Lamuraglia, 36, said county recorder Judith Vandever fired her Friday after denying her request for a federally mandated annual tour at the March Air Reserve Base in Riverside, Calif.

Lamuraglia, who is six months pregnant, said she was given the firing notice eight hours after filling out paperwork for the Family Medical Leave Act -- a federal law that allows women 12 weeks maternity leave.

"The reason I was terminated was because I am pregnant and applied for FMLA," said Lamuraglia, who will likely file a lawsuit against the county. "The other reason is I asked for time to take my annual tour."

Lamuraglia said that in the nearly two years she has worked in the recorder's office, she has never been written up and has actually received merits for not taking sick days.

After meeting with Vandever on Friday morning, Lamuraglia said she met with the county's human resources division. That afternoon human resources representatives met with Vandever, and shortly before 5 p.m. Lamuraglia was fired.

Word of Lamuraglia's firing quickly reached Clark County commissioners who have asked the county manager to explore the circumstances surrounding the termination.

"It's unfortunate in these times that a pregnant woman who is requesting family leave and who also happens to be in the military would be potentially discriminated against for making this request," Commissioner Erin Kenny said. "We're hoping for a swift resolution to this problem."

Kenny said 15 days notice is required to fire "at will" employees, and Vandever did not follow that procedure with Lamuraglia.

Vandever said Tuesday that Lamuraglia's firing was due to "performance-based issues." Lamuraglia was an at will employee meaning she was hired by Vandever, an elected official, not the county. She served at Vandever's will.

Vandever said since she hired her assistant, the office has fallen behind in its paperwork.

"I had to make a performance-based decision and that is never easy," Vandever said.

Vandever acknowledged that she approved and then disapproved Lamuraglia's request to take time for her annual tour. She said the office is too far behind, and they could not afford to lose Lamuraglia for any length of time.

"Everyone knew I was in the military and left on weekends," said Lamuraglia, a personnel specialist who has been with the military for 18 years. "I have nothing to hide; I'm proud of what I do."

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