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Sides v. Guilford County School Board2/5/2002
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
Plaintiff, a teacher formerly employed by the Guilford County Schools, filed a complaint against the Guilford County School Board (defendant) seeking cancellation and rescission of her resignation letter, reinstatement to her position as a career teacher, extortion, wrongful termination, and punitive damages. Defendant moved to dismiss pursuant to G.S. § 1A-1, Rules 12(b)(1) and 12(b)(6); the Rule 12(b)(6) motion was allowed as to plaintiff's claim for wrongful discharge and the motions to dismiss were denied as to all remaining claims. Defendant then moved for summary judgment. The materials before the court tended to show that in 1983, plaintiff was convicted of fourteen counts of making false statements to obtain benefits from the Employment Security Commission. Thereafter, plaintiff applied for a teaching position with the Guilford County Schools but did not list these convictions on her employment application. Plaintiff was hired by defendant in April 1987.
In 1995, defendant performed a criminal background check on its employees and discovered plaintiff's convictions. On 12 November 1995, in response to a letter from the school system requesting that plaintiff explain why these convictions appeared on her record, plaintiff responded:
I received an overpayment of unemployment benefits. During this time also, I worked occasionally during a week's time and reported my earnings the following week when I mailed the cards. But, overlappings caused the earnings that were reported to be inaccurate because they became past due earnings when I received my check.
Following an investigation by a school system attorney, plaintiff and her attorney, Romallus Murphy, attended a meeting with Dr. Jerry D. Weast, superintendent of the Guilford County Schools, Dr. John Wright, the associate superintendent, and the school system's attorneys. Plaintiff contends Dr. Weast offered her two choices: resign or be dismissed without pay. She also claims Dr. Weast explained to her that if she chose not to resign, that he would "go all the way to the top to have license revoked throughout the entire state of North Carolina." According to plaintiff's deposition testimony, her attorney explained to herthat if she chose to be dismissed without pay, the process involved in contesting the dismissal would be long and drawn out, but that if she resigned she would be able to be employed in another school system. Mr. Murphy testified that he discussed with plaintiff the benefits of resigning and her options if she chose not to resign. He also explained that if the School Board terminated plaintiff, the State Board of Education could revoke her teaching certification.
After consulting with Mr. Murphy and with her husband, plaintiff signed the Resignation and Release of Liability letter prepared by the Guilford County Board of Education. The document stated in part:
I, Doris W. Sides, being fully aware of my rights and liabilities as a citizen of the United States and the State of North Carolina and a "career teacher," as defined in N.C. Gen. Stat. § 115C-325, and upon the advice of my competent counsel, do hereby relinquish any and all claims, past or present, real or imagined, confirmed or contingent, arising out my employment with the Guilford County Schools . . . .
Plaintiff also attached
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