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Sterling Employment Law

Former Michigan school band director plans appeal

During the summer of 2013, a band director who had applied for an open job position with Bad Axe Public Schools filed a lawsuit alleging that he never heard back from the school following what he claims was an earlier wrongful termination that took place in 2008. According to the school district, however, the ex-band director resigned of his own accord.

The man's lawsuit said that the fact that the school district was ordered to pay him unemployment benefits by a Bay County Circuit Court judge was ample evidence that he was terminated unfairly. The school district complied with the order to pay him benefits, but it also alleges that he had behaved inappropriately while in its employ and that his behavior was in direct violation of the terms of his employment contract. School district attorneys say that his resignation was an implicit result of this violation and that he had previously agreed to these conditions in writing.

The lawsuit was recently dismissed by the Huron County Circuit Court. The man's legal counsel said that the dismissal occurred before the plaintiff could prove his allegations, and he also pointed out that the man may have been slandered by other school district employees in the past.

Wrongful terminations under employment contracts can have major ramifications for former employees who may have trouble finding gainful employment in the future. Michigan attorneys with experience in wrongful termination and other employment-related matters may be able to help a former employee in such a situation by providing advice and counsel as to the various alternatives that may be available, including the filing of claims with appropriate agencies as well as the pursuit of litigation.

Source: Huron Daily Tribune, "Attorney for former Bad Axe music director says there will be an appeal", Kate Hessling, September 13, 2013

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