PITTSBURGH – An Allegheny County man claims he was professionally harmed by a false statement made by a local school district he previously worked for, when he later tried to obtain employment with the Internal Revenue Service.
Dylan Altemara filed suit in the U.S. District Court for the Western District of Pennsylvania on Oct. 5 versus Mars Area School District, of Mars.
“Plaintiff was employed as a secretary by the defendant from August of 2018 until his resignation on or about June 11, 2019. In or about October of 2018, plaintiff filed a worker’s compensation claim against the defendant. On or about June 11, 2019, plaintiff and defendant entered into a settlement agreement which settled the plaintiff’s worker’s compensation claim,” the suit said.
“As part of that settlement agreement, defendant and plaintiff agreed to the plaintiff’s resignation from his position with the defendant effective June 11, 2019. On or about Nov. 22, 2021, plaintiff was appointed to the position of Contact Representative with the Internal Revenue Service. As part of the hiring process, plaintiff submitted paperwork to the IRS which included information about his former employment history.”
The suit continues that at some future point, the defendant sent a letter to the IRS in which it falsely alleged that the plaintiff was terminated by the defendant from his position as secretary – an allegation the plaintiff maintains is false.
“The materially false allegation by defendant, as described hereinbefore above, contradicts statements that plaintiff provided to the IRS as part of the hiring process. In a letter dated June 29, 2022, plaintiff was informed that as a result of the defendant’s substantially and materially false allegation, as more fully described hereinbefore above, a background investigation was referred to the U.S. Office of Personnel Management for a ‘suitability determination.’ The substantially and materially false allegation in defendant’s letter, as more fully described hereinbefore above, falsely indicated that the plaintiff engaged in wrongdoing and discredited and/or harmed him publicly and/or professionally,” the suit states.
“As a direct and proximate result of defendant’s letter, which contained a substantially and materially false allegation, a background investigation into the plaintiff’s employment history was referred to the U.S. Office of Personnel Management for a ‘suitability determination.’ Furthermore, defendant’s conduct, as described hereinbefore above, constituted a breach of the mutually agreed-upon terms of the settlement agreement entered into by the parties. Defendant breached the terms of the agreement when it falsely indicated to the IRS that the plaintiff’s employment had been terminated when, in reality, plaintiff had resigned pursuant to the terms of the agreement. Plaintiff believes, and therefore avers, that, as a direct and proximate result of the defendant’s letter containing a substantially and materially false allegation, he has been given less opportunities for advancement in his employment.”
For counts of violating civil rights under 42 U.S.C. Section 1983, the Fourteenth Amendment to the U.S. Constitution and breach of contract, the plaintiff is seeking compensatory general damages in an amount proven at trial, compensatory special damages, costs of suit, reasonable attorney’s fees, pre- and post-judgment interest and such other relief, including injunctive and/or declaratory relief, as this Court may deem proper.
The plaintiff is represented by Joel S. Sansone of the Law Offices of Joel Sansone, in Pittsburgh.
The defendant has not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-01474
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com