Seale files suit claiming retaliation, discrimination

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By Susan Sharp

Seale filed the $500,000 plus suit last week in chancery court asking that a jury make the final determination in his case.

The filing claims that in July 2008 Seale was removed from his job at CCHS being replaced by a person who was “substantially younger.” The suit also says the person had less experience and seniority in the field of education than Seale.

After being removed from the principal’s position at CCHS Seale was placed at the alternative school in the principal’s position. However, before he could assume those reins, Seale took a four month sick leave, the lawsuit says.

When he returned to work, it was in yet another capacity.

Starting on Nov. 14, 2008, he was assigned to teach math and English to students with handicaps and special needs.

Along with this, he was taken from being an employee who was paid for 12 months to one who was paid 10 months meaning he “now receives substantially less pay than he was receiving at the time of his injuries,” court records claim.

All of this has been done in retaliation against Seale because he filed a worker’s compensation claim following the shooting, according to the filing.

Seale employed his worker’s compensation rights and as a result, the Campbell County Board of Education has chosen to make an example of him by reassigning him and reducing his salary, it says in the court filing.

In the lawsuit, David Dunaway, who represents Seale, claims the board of education has violated at least three state statutes in its treatment of Seale. This has resulted in his client experiencing multiple types of damages. These damages include a loss of earnings, future earnings, his retirement benefits being decreased, along with emotional damages.

Seale wants to be returned to CCHS in his former job capacity. However, if that can’t be done, he wants the court to order the school system to give him back pay, front pay and pay him the fringe benefits he would have otherwise received, court records say.

Seale has also asked the court award him $500,000 in damages along with the expenses it has cost him to file the suit.