Summary Judgment and Appeal in Teacher Employment Case

860-249-1361 Ext. 159

Howd & Ludorf, LLC, partner David Monastersky obtained summary judgment and prevailed on appeal for the East Lyme Board of Education and Town of East Lyme against claims of breach of contract, breach of the implied covenant of good faith and fair dealings and negligent infliction of emotional distress by a former teacher.  In Sidorova v East Lyme Board of Education, the plaintiff claims that the Board of Education breached her union contract by failing to follow the process under Conn. Gen. Stat. § 10-151 required to lay-off of a tenured teacher and improperly laid her off instead of others.  Despite a prior ruling in the case that the Board of Education failed to follow the process required by Conn. Gen. Stat. § 10-151, the Superior Court granted summary judgment for the defendants, accepting Attorney Monastersky’s argument that the plaintiff lacked standing on all her claims because she failed to allege her union breached its duty of fair representation.  Subsequently, Attorney Monastersky successfully defended the judgment before the Appellate Court and the Connecticut Supreme Court denied the plaintiff’s Petition for Certiorari.