Gentile-Riaz v. Samo Thraki, LLC (2025)

Citation: Gentile-Riaz v. Samo Thraki, LLC (2025)
Parent Document: Gentile-Riaz v. Samo Thraki, LLC (2025)
Jurisdiction: Connecticut (state)
Effective Date: 2025-12-16
Original Source: https://www.courtlistener.com/opinion/10758261/gentile-riaz-v-samo-thraki-llc/ ↗

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code complaint. . . . Thereafter, on April 13, 2022,
         Lenoudias terminated the plaintiff’s employment with
         Midway Pizza.’’
             The plaintiff alleged that her report to the health
         district brought her within the protection of § 31-51m,
         and that the defendants retaliated against her by termi-
         nating her employment without providing a genuine
         reason and in violation of § 31-51m. She alleged that
         ‘‘[i]t was only after the plaintiff engaged in the protected
         activity of raising concerns about health and safety
         violations, welfare and compliance with state law that
         she was terminated from employment.’’
            On February 17, 2023, Midway Pizza filed a motion
         to dismiss the plaintiff’s complaint insofar as it set forth
         a claim against it on the ground that the court lacked
         subject matter jurisdiction over the plaintiff’s claim
         because she failed to exhaust administrative remedies
         available to her through the Department of Labor. The
         motion was accompanied by a memorandum of law
         in support, in which Midway Pizza relied on General
         Statutes § 31-40q, which requires employers to prohibit
         smoking in the workplace, and General Statutes § 31-
         379, which prohibits retaliation following reports of
         violation of occupational safety and health standards,
         in support of its argument that the plaintiff had an
         administrative remedy with the Department of Labor.
         Midway Pizza argued that the plaintiff’s failure to
         exhaust administrative remedies with the Department
         of Labor deprived the court of subject matter jurisdic-
         tion. Midway Pizza attached to its motion an affidavit
         from Lenoudias in which he averred that he was a
         member of Samo Thraki, LLC, as well as the manager
         of Midway Pizza. He further averred that, to his knowl-
         edge, the plaintiff had not filed an administrative claim
         with the Department of Labor. Midway Pizza also
         attached to the motion to dismiss a copy of the plaintiff’s
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