Given the stresses of the past few weeks, the tragedy in Mumbai, the drama on Parliament hill, and on top of all that end of semester exams, I thought it best to point out the lighter and wackier side of life – oh yeah and law as well.
This is a story that I saw on CNN a few weeks ago and I just had to share it. I could not believe it: Porn star turned teacher’s aide.
WHAT!!
I know, I know, I had the same reaction: ‘was this really CNN? What did they say? No, nooooo way.’
Yes way! No it’s not a Jerry Springer episode but you can be forgiven if you thought it was. Far from it, it is all too real – This is CNN.
Crystal Gunns, or as she is known on the playground and in the lunch-room, Louisa Tuck, a teacher’s aide in Vineland, New Jersey came under fire as her adult “entertainment” past was exposed.
Jay-rey! Jay-rey! Jay-rey! Jay- rey!
Oh yea it’s not a Springer episode, sorry about that. I have to keep reminding myself – This is CNN.
As can be expected when Ms. Tuck’s past came to light it caused a firestorm of controversy – parents, the school, the school board, teachers, well I guess the community wanted here fired.
There is one major problem with that proposition: her employers had no cause.
Yes that’s correct the New Jersey School Board had no cause to terminate Ms. Gunns, oh sorry, I meant Ms. Tuck.
While I am not versed in New Jersey employment law but as far as I understand employment law generally, a Master – to use the employment law jargon – may terminated the employment of his/hers servant at anytime but such termination as to be reasonable – notice, (possible) compensation and (possible) cause.
To my employment law friends, I say sorry, I know the above was very general and not quite accurate but it does get my message across with out going in to the minutiae of employment law.
Anyway back to the story.
The New Jersey School Board had no cause to terminate Ms. Tuck:
1. Her past profession is not illegal, thus she has not committed any crime;
2. Her Freedom of Expression is Protected by the US First Amendment, thus her former profession is not only not a crime it is protected under the law;
3. Her employment contract did not require her to disclose her adult entertainment past, nor is there any mechanism set up to make such enquires, unlike the criminal background check system.
All of this was acknowledged by the lawyers for the school board – consulted well before the story broke – resulting Ms. Tuck, to my knowledge, still holding her post.
For more in-depth and I must say entertaining coverage, I encourage you to read the Vineland Daily Journal.
As you noted, your description of employment law is “general”. Depending on the state, an employer doesn’t necessarily need a reason to terminate an employee. If it is an “employment at will” state, the employer can terminate the employee for any reason or no reason at all, as long as the employer isn’t terminating the employee due to race, creed, color, sex, etc.
However, even if New Jersey is an employment at will state, Ms. Tuck may be protected due to a union contract. Most public school employees are members of a union and most of those union contracts contain a clause requiring cause in order to terminate an employee.
How about misrepresentation?
What kind of moronic parents would want a person fired just because she used to be a porn star? She’s not doing it in front of the kids and if the kids now know about it, it’s the fault of the idiot who broke the story, not the teacher’s aide.