A federal judge has dismissed a lawsuit brought by two former employees of the Mecklenburg Department of Social Services who alleged they were wrongly forced from their jobs.
Brenda Jackson and Lynn Becker filed suit in April 2007, accusing the county and three of their former colleagues of breach of contract, defamation and suppressing their free speech.
But in an order dated July 30, U.S. District Judge Graham Mullen granted the county's motion to dismiss the suit, in part because the judge said Jackson and Becker did not provide evidence to support some of their claims.
County Manager Harry Jones recently said the decision was a “very favorable ruling,” but said he would withhold further comment until the appeal time for the case was exhausted.
An attorney for Becker and Jackson did not return a call seeking comment.
On Monday, Jackson started work as director of the Cumberland County Department of Social Services.
Jackson served as the deputy director of DSS from 2004 to last spring. Becker was an assistant to then director Richard “Jake” Jacobsen. He left the department last year and is now an executive-in-residence at UNC Charlotte.
In 2005, Jackson was appointed interim DSS director when Jacobsen took medical leave after having a stroke. She resumed as deputy director when Jacobsen returned.
In their suit, Jackson and Becker claimed Jacobsen's medical troubles left him erratic and forgetful, and that he made inappropriate and racist comments in front of employees.
Jackson complained about Jacobsen's performance, but said the suit alleges she was forced out after another employee accused her of discrimination and said she was undermining her boss. A report by the county's former Human Resources director recommended Jackson and Becker be terminated.
The suit also claimed Jones violated a confidentiality agreement by airing details of at least one employee's dismissal through an e-mail exchange with County Commissioner Bill James. James, who had e-mailed Jones about Becker's resignation memo, has said he mistakenly sent the e-mail to all county employees and several reporters. Jones' reply also went to the entire group.
The lawsuit said that when Jackson resigned, the county agreed to make only “neutral comments” about her, and Jones' e-mail violated that contract. But that claim was dismissed by Judge Mullen. Staff researcher Marion Paynter contributed
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