Custodian's Threat Too Severe to Justify Reinstatement, Says Court
by
Joseph C. Maya on Apr. 26, 2017
Employment Employment Employee Rights Employment Wrongful Termination
Summary: Blog post about a former custodian who seeks to appeal his firing for sending threatening letters to city officials.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Bridgeport Board of Education v. Nage, the Bridgeport Board of Education sought to vacate, or remove, a prior decision in favor of a former custodian’s reinstatement to a Bridgeport school. The board of education had terminated the custodian’s employment after he had mailed to various city official a packet of materials that contained detailed descriptions of mass shooting incidents at public school. A handwritten note concluded with the statement, “If I’m being punished for breaking the rules then we all should.” Following arbitration, an alternative form of dispute resolution, a panel found that, while the offense was serious, the custodian should be able to retain his position on the condition he successfully complete an employee assistance program and be deemed fit to return to work. The board of education fully rejected this proposal.
The court agreed with the board of education, because the custodian’s conduct would expose the board of education, its schools and students to substantial liability and danger. Should the panel’s proposed solution fail, the board of education would face a serious and dire threat to the welfare of its faculty and students. The custodian, as an employee of a public school, caters to a vulnerable population in the public sector where the board of education is required to provide a safe place for children. The custodian’s threat of mass murder thoroughly undermined contemplations that his reinstatement should be appropriate.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Bridgeport Board of Education v. Nage, Local RI-200, 160 Conn. App. 482, 2015 Conn. App. LEXIS 377 (Conn. App. Oct. 13, 2015)