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Trivelli v. Putnam Hospital Ctr.

ERA, NYLL Wrongful Termination Claims May Proceed as Against Hospital Only

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MEMORANDUM OPINION AND ORDER Plaintiff Derek Trivelli (“Plaintiff”) brings this action against Defendants Putnam Hospital Center (“PHC”), Health Quest Systems, Inc. (“HQSI”), and Nuvance Health (“NH” and collectively “Defendants”) alleging that he was wrongfully terminated in violation of the Energy Reorganization Act (“ERA”), 42 U.S.C. §5801, et seq. and New York Labor Law (“NYLL”) §741. (Doc. 9, “Compl.”). By motion dated March 6, 2020, Defendants moved to dismiss Plaintiff’s Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Doc. 29; Doc. 31, “Defs. Br.”). On April 24, 2020, Plaintiff filed his brief in opposition to Defendants’ motion (Doc. 34, “Pl. Br.”), and, on May 15, 2020, Defendants filed their reply brief (Doc. 36, “Reply”). For the reasons set forth below, Defendants’ motion is GRANTED IN PART. BACKGROUND The facts, as recited below, are taken from Plaintiff’s Complaint. Plaintiff was hired as a Nuclear Medical Technologist by Northern Dutchess Hospital on July 7, 2007. (Compl. 37). On or about November 9, 2014, Plaintiff was promoted to Radiology Supervisor at PHC.¹ (Id. 40). Defendant worked at PHC until his termination on November 20, 2017. (Id.). Plaintiff’s job responsibilities as a Radiology Supervisor included supervising outpatient radiology, dealing with patient complaints related to outpatient radiology, and administering nuclear isotopes into patients. (Id.

42-43). Plaintiff’s job responsibilities as Radiology Supervisor did not include performing fluoroscopies² or any other type of x-ray procedure. (Id.

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