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Endwell, NY School District Settles Employment Law Dispute for $250k

The Maine-Endwell Central School District in Endwell, NY has settled an employment law violation lawsuit filed by an ex-assistant superintendent.

Kathryn Sever, 63, started working with CSD in 1999 and was appointed as assistant superintendent in 2002. In 2008, she was negotiating with the school superintendent to be paid for unused leave. The school district agreed to pay almost $10,000 for the unused leave days, but only if she provided a letter of intent committing to retire the following year.

Sever refused to retire at that time. Superintendent Joseph Stoner subsequently filed a recommendation with the school board to have Sever’s position eliminated. He cited efficiency and economic reasons.

Sever stopped working for the CSD in June 2009. A few months later, in August 2009, the school district created a new “director of leadership” position where the duties were the same as Sever’s former position as assistant superintendent. Another existing employee was asked to take on the duties of this new position.

The federal lawsuit, charging wrongful termination, was filed by Kathryn Sever in June 2010. The lawsuit demanded two years of back pay, which amounted to $254,000, and an additional million dollars for emotional distress, damage to plaintiff’s reputation, physical injury and medical expenses.

Some of her charges, including one that she was discriminated against because of her age, were dismissed by the U.S. District Court judge. But the judge also ruled that the school district was in violation of New York State education law, which requires that the same person who held a position prior to its being abolished must be offered the job once a similar position is reestablished.

The $250,000 settlement now agreed to by the school district and Sever does not include admission of liability or any wrongdoing by the school district.