CHARLOTTE, NC (WBTV) - A former Charlotte Mecklenburg school (CMS) district teacher who was falsely accused of assaulting his students wants justice. Jeffrey Leardini used to teach at Community House Middle school and now he is suing the district for forcing him to resign.
He took the stand Tuesday. He answered questions for about two hours. He told the jury of eight how he received good evaluations and no one complained about his teaching style. Leardini says he is a very interactive teacher. He says he touches students' shoulders to wake them up or to get them to refocus.
Leardini argues CMS treated him like he was guilty from the start. He claims the district violated his rights. Leardini was a veteran teacher.
Brian Clarke is a professor at the Charlotte School of Law. His specialty is employment law. He thinks Leardini may have a case.
"He would have the right to written notice of the allegations against him," Clarke said. "And the right to a hearing before he could be terminated. She arguably took away those due process rights by basically forcing him to resign."
The lawsuit states that a representative from CMS' Human Resources department, Kay Cunningham, gave Leardini bad information. The former teacher claims it was that bad information that made him resign under pressure.
The former teacher claims negligence, fraud and tortuous interference with employment occurred on CMS' part.
Clarke thinks CMS may use Leardini's resignation signature against him.
"He's the one as the plaintiff that is ultimately going to have to prove his resignation was not voluntary," Clarke said. "That's what he's definitely going to have to prove because as a defense - that's what the school system is going to say."
The former teacher wants to prove CMS has a practice of coercing teachers to resign. He also thinks the district was deliberate and intentionally disregarded the Plaintiff's constitutional rights.
Leardini is suing for cash in excess of $10,000. If Leardini wins he could get much more than that. Also Leardini wants his career teacher status back.
The trial starts Tuesday and it should last about three days.
Current school board member Mary McCray is expected to testify. She was an officer for the local teachers' association during that time. She told Leardini to ask for his resignation to be rescinded. CMS refused.
COPYRIGHT 2012. ALL RIGHTS RESERVED.
