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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bound inquiry that commissioner was uniquely qualified
          to undertake).
             In the present case, we are not convinced that OSHA
          is ‘‘uniquely qualified to undertake’’ the inquiry into
          whether the plaintiff’s employment improperly was ter-
          minated based on her complaint to the health district.
          This retaliatory discharge action will not focus on occu-
          pational safety and health but, rather, on an employer’s
          conduct in terminating an employee following a health
          district complaint. Accordingly, we conclude that per-
          mitting the present action to proceed would not violate
          the exhaustion doctrine or its policy underpinnings.
            Because there were no administrative remedies avail-
          able to the plaintiff in connection with her health district
          complaint, the court improperly concluded that the
          plaintiff failed to comply with § 31-51m by not
          exhausting administrative remedies prior to commenc-
          ing the present action. Accordingly, the court improp-
          erly granted the defendants’ motions to dismiss.
            The judgment is reversed and the case is remanded
          with direction to deny the defendants’ motions to dis-
          miss and for further proceedings according to law.
               In this opinion the other judges concurred.

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