Imagine you’re a bus driver and you see an injured kitten on the side of the road. You have one child on the bus, it’s a rural road, and the 10-year-old asks to get off to help the hurt animal. Many people would probably stop the bus. And, according to WBTV, a local station in Harford County, Maryland, Cynthia Morgan did exactly that.
Morgan let the 10-year-old bring the cat aboard, then dropped the child off at school and kept the kitten with her all day. Sadly, this choice cost her the job she loved. The school district fired her for violating safety rules.
Now, the community is rallying behind Morgan, who has driven for the school district for 11 years and has now been stripped of her certification. And it’s not just her local community, either. People for the Ethical Treatment of Animals (PETA) is backing Morgan and urging the school to reconsider.
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Unfortunately, lawyers say that Morgan may not have legal recourse under state law for her termination, although her rights may depend on whether she was in a union and what her employment agreement looks like.
‘Kindness should be encouraged, not punished’
Morgan’s decision to allow the child to help the cat was not her first act of kindness.
“She is an angel,” Carolyn Kalambihis, a parent who has spoken out in support of Morgan, told WBTV. “She’s the most caring person. Every year at the beginning of the school year, she buys every child on the bus school supplies. She buys them gifts for Christmas, every holiday, birthdays. She’s given them birthday cards, all out of her own pocket.”
Morgan’s reputation likely helped to inspire the massive support she’s receiving. A Change.org petition requesting her reinstatement has received over 12,000 signatures as of Oct. 15, with the petition creator writing that she was “deeply concerned about the recent decision to relieve Cynthia Morgan of her duties as a school bus driver.”
Morgan is 67, and the petition explained that over the many years Morgan has driven the bus, she “has become more than just a bus driver to our children.”
While the petition creator acknowledged there are rules, the firing was described as “unjust” because the review process didn’t consider Morgan’s history and because a lesser punishment would have been enough for something many parents believe is a minor offense.
When PETA weighed in with a letter to the district, the organization also called for Morgan’s reinstatement and essentially argued that Morgan had done nothing wrong and everything right. “By allowing a student to rescue a kitten in distress, she demonstrated precisely the compassion that schools should seek to nurture,” the letter said.
According to PETA’s letter, PETA senior vice president Colleen O’Brien said, “Kindness should be encouraged, not punished, and PETA is calling on the school board to reinstate Morgan and send students the right message about helping others in need.”
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Lawyers say school board may have a good case for firing
As of Oct. 15, there have been no new updates on whether the school board will rescind its decision, even as the number of signatures on the petition continues to increase. And if the district decides to ignore the public outcry, there may be little that can be done under the law.
As Matthew Marks, co-founder and partner at Ricotta & Marks, P.C., told Moneywise, most employees are usually classified as “at will” employees under state law in Maryland. This means “An employer can terminate them for any or no reason at all as long as the termination isn’t illegal.”
“Firing the bus driver wouldn’t give her grounds for a lawsuit outright, but if she has union or contractual protections, those could be a way to challenge the termination,” Marks said.
The Harford County School District website indicates that “The American Federation of State, County and Municipal Employees (AFSCME) is the exclusive public school employee organization for…bus drivers, bus attendants… and other non-instructional support related employees.”
The union reportedly represents around 720 employees of Harford County Public Schools. However, it’s unclear from the incident reports whether Morgan is a member of this union or has recourse under it. If she is, then she may have more protection from being fired than the typical worker. Still, this doesn’t mean the district acted wrongfully.
“The deciding factor is if the employer violated a certain legal protection or employment agreement, not only if the decision was deemed as harsh,” Marks said.
If Morgan’s actions were not protected, or if the school followed required procedures for firing her, then even if parents don’t like what happened, there may be little anyone can do.
Parents who are upset can still use their voices, though, and with PETA involved, the school may have more reason to reconsider and get the beloved driver back on her route.
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Christy Bieber is a US based personal finance and legal writer who has 15 years of experience. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
