Forestier v. Bridgeport

Citations

• 223 Conn. App. 298

Syllabus

The plaintiffs, F and V, sought to recover damages from the defendants for the alleged wrongful termination of their employment in violation of the statute (§ 31-290a) prohibiting discrimination against employees exercising their rights under the Workers' Compensation Act (§ 31-275 et seq.). The plaintiffs were two of five special police officers who worked for the defendant Board of Education of the City of Bridgeport (board), and their work included patrolling the neighborhoods around the schools. In 2012, the Bridgeport Police Department assumed author- ity over security for the public schools in Bridgeport, and the plaintiffs began reporting to G, a supervising officer with the Bridgeport Police Department. The plaintiffs then began performing duties outside of the school area, including handling regular police calls. In February, 2014, F sustained an injury to his back during the course of his employment for which he sought and received workers' compensation benefits. When F informed G of his need for back surgery, G made certain disparaging comments toward him. In November, 2015, V sustained a work-related injury to his wrist for which he sought and received workers' compensa- tion benefits. When he returned to work, he spoke with G about having surgery, but G turned the conversation to the topic of F's back surgery and again made certain disparaging comments. At a regular meeting of the board in June, 2016, the board voted to pass a motion to eliminate the five special police officer positions, along with 125 other positions, from the board's 2016-2017 budget, because the Bridgeport School Dis- trict was facing a financial crisis. The plaintiffs were laid off from their positions effective August 12, 2016. Following the elimination of the special police officer positions by the board in 2016, the plaintiffs' union filed a grievance against the defendant city of Bridgeport (city) and the board, alleging a violation of a no layoff provision in a memorandum of u