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Herrera v. Union No. 39 School Dist.

Supreme Court of Vermont

917 A.2d 923 (2006)

Relevant factsFree

Dr. Ebaristo Herrera (plaintiff), a high-school principal placed on administrative leave, sued the school district and its superintendent (the District) (defendants), claiming the District violated his due process rights and breached his employment contract by failing to provide an adequate hearing before the leave. Herrera sought damages for harm to his reputation, arguing that harm caused him to lose specific job opportunities that were foreseeable given the public profile of a school principal's position. The superior court granted the District summary judgment on Herrera's contract and due-process claims, and a jury ruled for the District on his remaining claims; Herrera appealed the summary judgment ruling.

IssueFree

Whether a wrongfully discharged employee may recover damages for reputational harm as consequential damages for breach of an employment contract, given that such damages are usually outside the range of what's considered foreseeable in ordinary wrongful-discharge cases.

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