Judge rules against Payne in Facebook case

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Judge rules against Payne in Facebook case

Posted by

Mike Buffington

in Education Archives

Wednesday, October 12. 2011

Comments (32)

Former Apalachee High School English teacher Ashley Payne now has to find another way to fight in her case against the Barrow County School System. Payne lost her initial court fight last week in Barrow County Superior Court over a controversial 2009 Facebook posting. Payne resigned, but then filed suit wanting her job back.

Her attorney said this week through text message that despite a ruling last week in Superior Court that Payne isn’t entitled to the relief she has been seeking, Payne’s case will go on. He said he has amended her complaint to include some other claims and those are still pending.

Payne resigned under pressure from AHS in 2009 after someone said they were upset over a posting on Facebook of Payne holding a beer and wine while on vacation in Europe.

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#1 John Wages on 10/12/11 at 03:00 PM [Reply]

Media policies are in place for a reason. I do feel it sometimes is carried too far.

#2 Sub Teacher on 10/12/11 at 04:00 PM [Reply]

This is very unfortunate! I hope she takes this case to a higher court!

#3 @23 on 10/12/11 at 04:02 PM [Reply]

AMEN!!

#4 injustice on 10/12/11 at 04:12 PM [Reply]

WOW!!! I bet David McGee is smiling from hear to hear.

#5 chee@nation on 10/12/11 at 06:01 PM [Reply]

I wonder what Mr. McGee's thoughts are...now that he is working at Madison County High School as assistant principal. Go ex-chee!!!

#5.1 WHAT???????????????????? on 10/12/11 at 06:31 PM [Reply]

wHAT ARE YOU TALKING ABOUT? ARE YOU SERIOUS

#5.1.1 chee@nation on 10/12/11 at 06:53 PM [Reply]

Yes, according to 'Madison Journal Today'...the BOE approved his hiring September 13...go ex chee!

#6 Yes!!!!!!!!!!!! on 10/12/11 at 06:48 PM

(Comment removed)

#6.1 yep on 10/12/11 at 07:01 PM [Reply]

Everyone knew what happened there, He was too much of a class act and profesional to just spit it all out. I told you guys you would hear alot more as time goes on! Just wait.

#7 Good Luck THE CHEE on 10/12/11 at 06:58 PM [Reply]

We miss him but really really understand!!!!!!!!!!!

#8 anonymous on 10/12/11 at 08:08 PM [Reply]

Mr mcgee pulled a fast one on everybody by keeping it a secret! Guilt maybe? He should have taken a few more aph staff member with him. Saunders gone, now mcgee, who's next?

#8.1 you know on 10/12/11 at 08:20 PM [Reply]

You know nothing about the departure of Mr. McGee and saunders was gone 2 1/2 years ago. The term where there is smoke there is fire really started here.

#9 Anonymous on 10/12/11 at 08:15 PM [Reply]

Naturally the judge agreed with McGee. They both get paid out of the same pot. Did you expect him to go against another government employe?

#10 Mike M. on 10/13/11 at 12:42 PM [Reply]

So glad common sense prevailed.

#11 TickedOff on 10/13/11 at 12:58 PM [Reply]

No common sense here. Just one hell of a principal taking the fall for the boards inept ability to handle a situation properly because they are so darn incompetent. Yet the principal "retires" ? My @ss, he's working a few weeks later.

#11.1 Just a thought on 10/13/11 at 01:56 PM [Reply]

Mr.McGee retired and collected full benefits. He is now working again. I will bet that between his retirement he is now getting, and his new salary, it far exceeds his old income. Maybe just maybe, it was his idea. Just saying.

#11.1.1 Ticked off is right on 10/13/11 at 05:33 PM [Reply]

You have no idea what you are talking about. Creel is on a mission. Chop Chop Chop...just disagree with her..
David had all intentions of staying at AHS.
Everyone esp. Creel was shocked he got another job so quickly as he wanted to retire FROM the BARROW
County School system. So see BOE, if you don't back em up they can leave and get other jobs. You keep telling everyone that complains that there are people lined up to get their job if they aren't happy.
The only problem is they are leaving and you are going to have to put someone in there. You can't replace David McGee he turned AHS around!
It went from Crapalachee to the CHEE NATION.
Keep on BOE and see how many more you ae going to lose.

#11.2 Mike M. on 10/13/11 at 06:14 PM [Reply]

I was refering to the judge's ruling.

#12 I'm withyall on 10/13/11 at 02:08 PM [Reply]

I was thinking the same thoughts which leads me to think that this was in his plans for some time ...just saying 2

#12.1 Anonymous on 10/13/11 at 03:20 PM [Reply]

This is what many professionals plan to do, not just educators. Work for a corporation or company for 25-30 years, take retirement, and get a part-time job. That's what McGee has now, a part-time job. Military retirees do the same thing quite often. Do you have an issue with that?

#12.1.1 I'm withyall on 10/13/11 at 04:15 PM [Reply]

Sounds like you have a issue with my comment? ...it sounds like your last name may be McGee?

#12.1.1.1 Anonymous on 10/13/11 at 05:36 PM [Reply]

Not at all, actually, on either count. I was asking a sincere question, though one to which I could probably conclude an answer myself, judging by your implied hostility. Actually, my husband retired from the military and now works part-time, so I was simply bringing to your attention that the fact that Mr. McGee works again doesn't necessarily mean that he is doing anything underhanded. That arrangement is a promoted benefit of working for large corporations or government agencies, and I was simply wondering if you found issue with that benefit.

#13 blog on 10/13/11 at 08:01 PM [Reply]

Was Mr Mcgee at the aph vs madison football on sept 20? i traveled there but didn't see him...interesting!!!

#13.1 no on 10/13/11 at 08:10 PM [Reply]

#14 Anonymous on 10/13/11 at 08:48 PM [Reply]

People , this woman was on her time and on vacation for most of the pictures. Are we such a Puritan society to think that your precious children haven't seen or doing things twice as bad as she may have posted on FB? Give me a break and give this woman a break. I hope she will take this to the supreme court and something good comes out of this for her. Maybe she will be able to get a postion so she will not have to put up with your precious children. My hat is off for people who want to go into education. I am sure some of the people who complain the most, probably, have the worst kids. I am sure that they see or experience much worse at home, than seeing her FB page. People, practice birth control or give the educators some freedom to disipline the these precious kids before they are turned out on society.

#14.1 It does not matter on 10/13/11 at 09:17 PM [Reply]

It does not matter if she was on her own time or not! Dealing with what teachers are dealing with you can see why this case is so very important. It depends on the report and the Ethics commission to make the call.
example- Just say i am a teacher. I am at the store and my husband calls and asks me to pick up a case of bee. I pick it up and put it in my cart and at check out several of my students see me. They take a picture of me with their phone purchasing the bee. they go home and put it on FaceBook and say Look what Mrs. Loop de loop bought us tonight as a joke. Mama of somebody sees it and complains or says I am giving beer to kids. Guess what, they even have a picture to prove it. this is the kind of stuff the courts are going to have to decided.

#14.2 Anonymous on 10/13/11 at 11:01 PM [Reply]

Not that you get it, but the legal issue here is the manner in which she left employment with the school system.

Her own words damn her: I want to be 24. i know how small towns work. I'll resign.

RESIGN.
She quit.
Later she and a shyster cook up a story that she was "pressured" to resign.
The burden of proof is upon her to establish coercion so severe that she was "constructively dismissed."

She failed in that burden, so the judge granted the plaintiff's motion for summary judgment.
She'd best go on a booze-up and move on with her blonde life.

As much as those of limited intelligence try to paint this case as "Teacher was fired for drinking on her on time," this is not the legal issue.

She resigned and now wants to take it back, all because an adult was ignorant of her own rights.

#14.2.1 wrong on 10/14/11 at 06:24 AM [Reply]

The issue is what a teacher can do and not do on her on time. What you are referring to is just getting her job back. And if you have never been in her position as a new teacher on the job, you are lacking in knowledge you profess to have so much of. Had this been the only issue, the case would be closed. It is not.

#15 better case on 10/13/11 at 09:23 PM [Reply]

First beer has an r. Second example, I am a teacher and I am out with friends or my boyfriend to husband. We are having dinner and someone snaps my picture and it gets on facebook. Some of my students see it by way of looking at someones mom friends pic. Now someone complains. I am in the same position she is in.
This case has every teacher who ever wants to have a life outside their job. We support her and pray for her. She is braking ground.

#16 breaking not braking on 10/13/11 at 09:32 PM [Reply]

So I did not hit my r hard enough.
Agree with you even though I am not a teacher and would not be. It gets to the place where you would have to second guess everything you do in you personal life also.
The thing that has always bother me about the case is the anonymous tipster.Hope she will carry this all the way. Everyone deserves a life outside work.

#16.1 Flicked off on 10/13/11 at 09:40 PM [Reply]

She has a case and if in the right court, not hear in in Good old boy land, heck did you really think Motes would go againse the people paying his salary. Go to the state courts and clean the BOE clocks. They are just do not have a clue when it comes to labor laws.

#17 RIGHT! on 10/13/11 at 10:03 PM [Reply]

You are right. Clueless. but neither does the Professional Standard Committee is they think they can dictate off time. Let us just wait and see. I hope it goes to Federal Court. She could have a good case here. It will be landmark at any rate.

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