NEW BRITAIN–A former teacher is suing the Consolidated School District of New Britain for discrimination.
Theresa Woyasz claims that she was discriminated against because of her service in the armed forces, and she is suing the district based on the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Woyasz enlisted in the Connecticut National Guard in 1993 and is currently a sergeant first class.
She began working for the New Britain school district around April 1999 as a special education teacher, and remained employed until October 2014
During those years, Woyasz regularly performed military service obligations for durations ranging from a few days to several months.
Woyasz claims in her suit that after some of her leaves of absence for military service, she was denied benefits of employment.
Besides being denied earned employee benefits–such as retirement and pension pay, sick leave and paid time off, and increased federal tax withholdings–she was also involuntarily transferred from one school to another without her consent.
In addition, several employees of the district made what Woyasz considered inappropriate remarks about her service, including:
- “You should do something else for a living; your involvement with the military is such a disruption to the school district.” — said by an elementary school principal
- “We go through this every year with you.”–said by the director of human resources for the district. He also said she wouldn’t be “allowed” to take further military leave
Woyasz went on military leave for 183 days, from April 1, 2013 to September 30, 2013. She says she notified district before leaving, and when she planned to return to work in October. However, when she returned, her first several paychecks had errors based on her military service obligations, including but not limited to increased retirement deductions, increased federal withholding taxes, deductions in base pay and reductions in sick leave, personal paid time off and pension contributions.
Also, her medical benefits weren’t reinstated, and she was also denied the use of her accrued paid military leave, and was told she couldn’t use it that year.
She was also denied longevity pay–a seniority-based stipend paid to teachers with more than 12 years of teaching experience. USERRA states that “a person who is reemployed under [USERRA] is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services, plus the additional seniority and rights and benefits that such a person would have attained if the person had remained continuously employed.” When Woyasz returned to work in the fall of 2013, she had been with the district for 14 years, including her military leaves.
In December 2013, the director of human resources ordered her to attend a disciplinary hearing, during which she was told she owed the district money for hte time she was performing her military service obligations.
Woyasz took another period of military leave for 205 days in 2014, from March 10, 2014 to September 30, 2014. She was “constructively discharged” after that, meaning she resigned her teaching position due to the hostile work environment.
Woyasz is suing for lost wages and benefits, among other damages, based on USERRA, which states that no member of National Guard “shall be subjected by any person, directly or indirectly, to any loss or reduction of vacation or holiday privileges by reason of such absence, or be prejudiced by reason of such absence with reference to promotion or continuance in office or employment, or to reappointment to office or reemployment.”
