In a decision that will be officially released on Tuesday, the Connecticut Appellate Court has upheld the dismissal of a wrongful discharge claim against Marvelwood School, an independent school in Kent, Connecticut. In doing so, the Court turned back an attempt to limit the employment-at-will doctrine and provided employers in Connecticut with reassurance that wrongful discharge claims will be appropriately limited.
(An upfront disclosure: My firm represented the employer here and I represented the school on the successful appeal.)
The facts of the case are relatively straightforward and are summarized in the court’s decision. The plaintiff Aaron Zweig was employed by the defendant Marvelwood School as a history teacher and school’s Director of Food Studies. That role required him to establish and maintain a garden on campus and use it to teach a class on food studies.
In May, 2015, Mr. Zweig allegedly objected to the school’s suggestion that telephone poles that had been treated with creosote, a pesticide and wood preservative, be used to make raised beds in the garden because he believed that the chemical posed a health risk to himself and his students.