In Meagher v. Andover School Committee, et al., Civil Action No. 13-11307-JGD (2015), a U.S. District Court judge ruled that the Andover School Department, and the Andover School Committee violated the First Amendment rights of a teacher by terminating her employment in retaliation for protected speech. In 2012, while the union and the school committee were in contentious negotiations, the superintendent fired Meagher, a teacher who also served as union vice president, for sending an email to her fellow teachers urging them to abstain from voting on reports required for accreditation, as a means of putting the accreditation process on hold and using it to gain leverage in negotiations.
In 2013, the union filed a charge before the Department of Labor Relations (DLR) alleging that the teacher’s email constituted protected, concerted activity. The DLR agreed, holding that the school committee discriminated against the teacher for her union activity and ordered the teacher reinstated with back pay.
In this action, the teacher sued the Andover School Department, the Andover School Committee, and the superintendent in her individual capacity, alleging that the decision to terminate her for writing the email to her colleagues constituted unlawful retaliation for, and otherwise interfered with, the exercise of her First Amendment right to engage in free speech. The Court agreed to the extent that these claims were asserted against the school department and the school committee, but dismissed all claims against the superintendent, ruling that she was immune from liability in her individual capacity under the doctrine of qualified immunity. Before terminating or otherwise disciplining an employee for any issues related to speech, consult your NMP attorney.
