Reference no: EM133299034

Assignment:

You're the principal of Edgemont High School and have a serious issue. You've just learned that a new employee whom you hired a few weeks ago has an unacceptable past. These are the facts: Ten years ago, the employee was a school janitor for a different school district, when he received a disciplinary warning for inappropriate verbal conduct toward students (discussing his marijuana usage). He was subsequently arrested by the police and charged with several counts of child molestation (not involving students). At a court hearing, the judge dropped the molestation charges in exchange for an agreement that the employee would resign, which he did.

However, the employee was subsequently re-hired by the same school district as a substitute bus driver, a position that he performed without incident. When he applied for a full-time custodian position at your school, the school superintendent where he had worked as a bus driver provided a very positive letter of recommendation.

The letter made no reference to the reprimands or criminal charges. After the facts about the employee's past record come to light, the school committee of your district wants to terminate the custodian. They also want your guidance on whether or not to sue the employee's former school district.

a) Should you terminate the employee? If so, on what grounds? If not, what are the alternatives?

b) If the School Committee decides to bring suit in this matter on behalf of the school district, what claims can the school district assert in this matter and against whom? What are the defenses each defendant can raise?

c) What should you advise the School Committee regarding bringing a lawsuit: Describe the risks versus benefits of taking such an action.