The City Council will decide whether to uphold the firing of former planning associate Sallyanne Mallen despite her withdrawal of an appeal to regain her job, the mayor said.
In a letter to the city last week, an attorney for Mallen withdrew the appeal to reinstate the nine-year city employee, who claims to suffer from Epstein Barr virus, a chronic fatigue syndrome.
Linda Thornton, Mallen's attorney, said her client decided not to seek reinstatement because she believed a three-day hearing before the council last month demonstrated she would return to a hostile work environment. Nonetheless, Mallen, 50, is still suing the city under federal disability laws, accusing the city of refusing to accommodate her disability.
Mayor James Hester said the council is going forward with a ruling because Mallen's withdrawal does not affect her suit against the city, which is pending.
City Administrator John Davidson fired Mallen in July. During last month's hearing, city officials said Mallen was dismissed because she disregarded supervisors and was constantly late to work.