A teacher in Ohio who was fired for calling out of work sick for two days to allegedly attend a concert in Nashville — with her former school district accusing her of taking “falsified sick leave” — has decided to sue, claiming her termination was a violation of her “constitutional rights.”
Eileen Washburn, an English teacher at Lakota West High School in the Lakota Local School District, filed a wrongful termination lawsuit in Butler County late last month against the district’s board of education. The board responded to the suit in a Dec. 24 filing, saying it denies any and all allegations of wrongdoing.
“The record speaks for itself,” says attorney Erin Wessendorf-Wortman, of Ennis Britton Co. LPA — the firm representing the school board — in its response, which was viewed by Law&Crime. “Plaintiff’s claim fails to state a claim upon which relief can be granted.”
According to Washburn’s lawsuit, the school district accused her of falsifying her sick leave on Feb. 8 and 9. She allegedly informed several colleagues of her plans and said she would be attending a concert in Tennessee with her son and a friend of his, with one claiming that Washburn “didn’t want to waste $600” that she spent.
Washburn says she provided the board with a letter from her primary care physician, explaining that she needed to miss work due to side effects she was suffering from after resuming a medication. Since she was medically approved to be out, Washburn didn’t see a problem with her missing work, regardless of the reason.
“In response … the Executive Director of Human Resources Rob Kramer, asked for additional details regarding her medical condition and the prescriptions she was taking,” Washburn’s complaint says. “Ms. Washburn was reluctant to answer his questions because she believed her medical condition was a personal matter which she was not required to share with her employer.”
At the end of the meeting, Kramer allegedly “asserted that Ms. Washburn was a liar, that her doctor was unethical and that he was moving for her termination,” per the complaint.
She was told by the district that they were weighing her termination on April 3, prompting Washburn to request a board hearing and review, where it was determined by Referee Gregory S. Page that her alleged “falsification of sick leave constitutes good and just cause for termination” after evidence and colleague testimony was presented.
h/t Plenn