Background: In 2009, the DeKalb County School District stopped funding contributions to a retirement benefit for many District employees. Plaintiffs claim this action violated the District’s promise in its own official Board Policies and it has resulted in a loss of millions of dollars for District employees. Longtime DeKalb educators Elaine Gold and Amy Shaye initially first filed suit against the District in June 2011 (later joined by DCSD employees Heather Hunter and Roderick Benson). Although the Class Representatives individually were denied several thousand dollars, collectively, the putative Class lost millions of dollars in compensation the District owes them. The suit seeks class action status to protect the interests of interested DeKalb Schools employees in this suit against the District.
Current Status: In 2017, Plaintiffs suffered a legal setback when Judge Gregory Adams of the Superior Court of DeKalb County entered an order prepared for his signature by the District’s counsel that dismissed the employees’ lawsuit entirely and withheld ruling on class certification. Plaintiffs appealed. On June 1, 2018, the Georgia Court of Appeals issued an Opinion (below at “Gold III”) that (1) overturned the dismissal of Plaintiffs’ claims; (2) determined that the District is liable as a matter of law for breaching its legal duty to the employees; (3) ruled the Plaintiffs were entitled to judgment on liability in their favor, with only issues of damages calculations remaining for trial by jury; and (4) ruled that the trial court must reconsider class certification in light of the Gold III Opinion.
Update: Oral argument of this case before the Supreme Court of Georgia is scheduled tentatively for May 7, 2019.