Former Teacher Claims School Ordered Him to Falsify Records
by
Joseph C. Maya on Apr. 24, 2017
Other Education Employment Whistleblower Employment Wrongful Termination
Summary: Blog post about a teacher suing his former employer for firing him after he allegedly was ordered to falsify student records and he refused.
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 Johnson v. City of Bridgeport, a school board and its employees moved for summary judgment in former employee's suit alleging wrongful termination of employment in retaliation for the employee’s alleged failure to comply with the school board’s allegedly illegal orders to falsify student records.
The court granted the motion for summary judgment on the second count of the former employee's amended complaint, which alleged a conspiracy to violate civil rights. The court found that individual school employees were entitled to summary judgment where the former employee had not sufficiently alleged that the individuals had a personal stake in forcing the employee to resign. The court found that the alleged conspiracy was essentially a single act by the school board acting exclusively through its own directors, officers, and employees, each acting within the scope of his employment. The court also granted summary judgment to the school board on count six of the the employee’s complaint, which had alleged a claim for promissory estoppel. Promissory estoppel is a legal rule that may hold a promise enforceable by law when the person made a promise to another who then relied on it to his detriment. The court found that the claim of promissory estoppel could not be used where there was a valid written contract between the school board and the former employee. The court then denied the motion for summary judgment on the remaining counts, noting that several of the counts depended on the resolution of a factual dispute regarding whether the former employee had been constructively discharged or had voluntarily resigned.
The court granted summary judgment to individual school employees on the conspiracy count; finding that the former employee had failed to allege that the employees had a personal stake in forcing the former employee to resign; the school board and school employees were entitled to summary judgment on the promissory estoppel claim because there was a valid contract between the parties.
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: Johnson v. City of Bridgeport, 1999 Conn. Super. LEXIS 1761, 1999 WL 391344 (Conn. Super. Ct. June 3, 1999)
