MIDDLETOWN, NJ – A former paraprofessional at Navesink Elementary School continues his legal battle against Middletown School District, arguing that he was wrongly dismissed after seeking extended leave.
The teacher’s assistant is Andrew Pezza, who no longer works in the district.
Pezza first filed his lawsuit against Middletown School District in 2018, but filed an amendment last June that also names Jeff Merlino, the former Middletown School District attorney.
In his lawsuit, the former superintendent William George, the former headmaster of the Navesink Elementary James Altobello, the deputy HR manager Kimberly Pickus, the business economist / board secretary Amy Gallagher are named as defendants.
Pezza, who is in Jackson Twp. Lives, was employed as a paraprofessional in schools in Middletown. In his lawsuit, he said he always received good performance reviews until he applied for extended family medical leave Act (FMLA) leave. He asked for time off after sustaining a head injury following a robbery at a bar in Keansburg, said Brick’s attorney Donald Burke.
The man who attacked him was serving eight years in prison, Burke said, which shows the severity of the attack.
Pezza was hired by the Middletown School District after the attack and had consistently received positive performance reviews. However, his lawyers said he needed time off as the head injury resulted in a permanent serious illness that required surgery.
Pezza said he had presented the district with a medical certificate stating that he was being treated “and still complains of high levels of anxiety, depression and severe PTSD symptoms. For his safety, the patient is not mentally stable for his safety return to work. “
According to his lawyers, Pezza’s vacation requests were always granted and never challenged.
Pezza said he subsequently received a letter from the school principal at Navesink Elementary Altobello telling him that his attendance needed to improve for the 2017-2018 school year. Pezza said the Middletown School District fired him shortly after, June 27, 2017 while he was on FMLA vacation.
The Middletown School District, under current Superintendent Mary Ellen Walker, did not return Patch’s request for comment.
Pezza claims the school district unlawfully discriminated against him in violation of the Americans with Disabilities Act and the New Jersey Law Against Discrimination because his head injury was a disability. He also says Middletown schools violated his rights under the Family Medical Leave Act.
“After filing for medical suspension because of his serious health condition, the employer suddenly claimed Andrew Pezza was doing poorly without ever alerting him to his underperformance,” the lawsuit said.
Pezza said before that happened, Headmaster Altobello said he did “a wonderful job” and “comes ready every day to help students and staff move forward in a positive direction”.
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