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Benson v. Carter

Pursuant to an agreement settling teacher's threatened wrongful termination suit, school board could decide not to renew her contract before she obtained tenure without showing cause for its decision.

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In 1996, Deborah Benson, who had been employed as a teacher in the Henry County School System, brought this action for wrongful discharge against the members of the Henry County Board of Education Carter and others, the Henry County School District, and the Superintendent of the Henry County Schools. The defendants moved for summary judgment on the ground that the action is barred by an agreement reached in settlement of another threatened suit for wrongful discharge. Benson challenges the validity of the agreement on the ground of fraud. Finding that Benson has failed to present triable issues on this claim, the court granted summary judgment to the defendants on the complaint and on the defendants’ counterclaim for attorney fees and litigation expenses under the settlement agreement.

Benson was originally employed as a teacher in the McDonough Primary School in June 1989, but she was not offered a teaching position for the 1990-1991 school year because none was available. Benson claims, however, that she was assured by then-superintendent Holt that under the circumstances she would be eligible for re-employment as a teacher when a position became available. When Holt refused to recommend Benson for a teaching position offered by the principal of the McDonough Primary School for the 1992-1993 school year, Benson threatened to bring suit for wrongful discharge. In May 1993, she entered into a settlement agreement with the school board, the school district, and past, present, and future superintendents.

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