(WBNG) — A state appeals court sided with the former head bus driver at the Greene Central School district in his appeal of a lower court’s decision to dismiss a lawsuit against his former employers.
The lawsuit stems from Jordan Lilley reporting to district administration in 2016 that a bus driver had allegedly been on her phone while driving buses and punching time cards for other people who had not yet arrived at work, including her daughter.
Lilley claims that after reporting the acts to interim district superintendent Gordon Daniels, then to state police and the district board of education.
He claims he was placed on administrative leave the day after reporting to the board.
Lilley filed a claim in September 2017 seeking reinstatement and damages, among other things.
The claim was dismissed by a state supreme court in June 2018 at the request of defendants, based upon evidence it saw fit to nullify Lilley’s retaliation claim.
The appellate court’s decision, dated January 3, notes the state supreme court made errors in granting the district’s motion for dismissal based on documentary evidence which debunked Lilley’s claim of retaliation.
The court ordered that the district respond to serve an answer to supreme court within 20 days.
Lilley’s attorney, Ron Benjamin said an amended complaint will be filed in state supreme court in the near future.
12 News reached out to Greene Central School District Interim Superintendent Gordon Daniels and the district’s legal counsel, but have not yet heard back.
You can read the appeals court’s decision below: