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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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The researcher divided these five cases as those in which the employee prevailed and<br />

those in which the school system prevailed.<br />

Table 46<br />

Upstanding Behavior--Employee Prevails<br />

Case Year State Action PP<br />

Ledew v. School Bd. 1984 FL T E<br />

Patten v. Grant Joint Union High School Dist. 2005 CA R E<br />

Fiero v. City of New York 2008 NY R E<br />

Table 46 is made up of three cases where employees prevailed on claims that they had<br />

been subjected to adverse employment actions due to the inappropriate or illegal activities of<br />

their superiors. Ledew was terminated following a meeting he had with a State Attorney where<br />

he reported administrative irregularities in Ledew v. School Board (1984 U.S. Dist.). Like<br />

Ledew, Patten exposed irregularities by her school board in Patten v. Grant Joint Union High<br />

School District (2005 Cal. App.). Patten revealed that the school board was trying to execute a<br />

fund transfer scam from the state whereby the Grant Joint Union School District would retain a<br />

significant portion of state funding that legally should have been returned. Financial concerns<br />

were not the only issue as shown in Fiero v. City of New York (2008 U.S. Dist.). Fiero was<br />

reassigned to another school after rebuffing his principal’s sexual advances and requests to help<br />

her falsify evaluations. In each of these cases, the administrator reported the behavior in a<br />

manner timely enough to deal with situation.<br />

Unlike the cases in Table 45, the cases in Table 46 were in similar standing, but the<br />

administrators failed to report the actions soon enough.<br />

369

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