Ex-Middletown Teacher's Aide Continues Lawsuit Against District

MIDDLETOWN, NJ — A former paraprofessional at Navesink Elementary School is continuing his legal battle against the Middletown school district, arguing he was unfairly fired after he requested extended time off.

The teacher's aide is Andrew Pezza, who no longer works in the district.

Pezza first filed his lawsuit against the Middletown school district in 2018, but he filed an amendment this past June, where he also names Jeff Merlino, the former Middletown school district attorney.

His lawsuit names former superintendent William George, former Navesink Elementary principal James Altobello, assistant superintendent of human resources Kimberly Pickus, business administrator/board secretary Amy Gallagher as defendants, among others.

Pezza, who lives in Jackson Twp., was employed by Middletown schools as a paraprofessional. In his lawsuit, he said he had always received good performance reviews until he requested extended time off under the Family Medical Leave Act (FMLA). He asked for time off because he had previously sustained a head injury after being assaulted in a Keansburg bar, said his lawyer, Donald Burke of Brick.

The man who attacked him is serving eight years in prison, said Burke, which he said shows the serious nature of the attack.

Pezza was hired by the Middletown school district after the assault took place and had always received positive performance reviews. However, his lawyers said he needed time off as the head injury resulted in a lasting serious medical condition, one which required surgery.

Pezza said he gave the district a doctor's note showing he was being treated "and is still complaining of high anxiety, depression and severe symptoms of PTSD. For his safety, the patient is not mentally stable to return to work at this time.”

According to his lawyers, Pezza's requests for time off were always granted and never challenged.

Pezza said he subsequently received a letter from Navesink Elementary principal Altobello, telling him his attendance for the 2017-2018 school year would have to improve. Pezza said the Middletown school district fired him shortly thereafter, on June 27, 2017, while he was on FMLA leave.

The Middletown school district, under current superintendent Mary Ellen Walker, did not return Patch's requests for comment.

Pezza alleges the school district unlawfully discriminated against him in violation of the Americans with Disabilities Act and the New Jersey Law Against Discrimination, as his head injury was a disability. He also says Middletown schools violated his rights under the Family Medical Leave Act.

"After requesting medical leave for his serious health condition, the employer suddenly claimed Andrew Pezza was performing poorly without ever bringing (his) deficiencies in his performance to his attention," read the lawsuit.

Pezza said before this happened, principal Altobello said he did “a wonderful job” and “comes each day prepared to help the students and staff move forward in a positive direction.”

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