Former headmaster of Benedictine sues the school
The former headmaster of Benedictine High School is suing his former employer, alleging that the school broke his employment agreement when he was forced out in a reorganization this year.
John B. McGinty's suit, filed in Richmond Circuit Court last month, contends that his employment agreement of July 1, 2006, to June 30, 2007, provided for automatic one-year renewals unless the school notified him otherwise by April 1.
The suit contends McGinty was not given written notice before April 1. As a result, the suit alleges, "the employment agreement was extended for an additional one-year term through June 30, 2010."
A message left for Benedictine Headmaster Gregory Gresko and another for Associate Headmaster Michael A. Bumbulsky were not returned yesterday afternoon.
McGinty, who had been headmaster of the 98-year-old military school since 2003, named the school and the Benedictine Society of Virginia as defendants.
On June 7, the Benedictine Society of America voted to reorganize and assume direct control of the school and terminate McGinty as headmaster. At the time, the Benedictine monks said the intent was to reinvigorate the monastic presence at the school.
McGinty was said to have declined an offer of a different position. He was removed from the job June 30.
McGinty claims he never was notified that his termination was "for cause" and that despite repeated requests the school has refused to pay him severance owed him under the employment agreement.
He is seeking his $122,418 "base salary" the suit says is called for under the agreement, along with additional costs and legal fees. The school has 21 days to respond to the suit.
Contact Frank Green at (804) 649-6340 or
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Reader Reactions
I believe the proper English is “you’re” as in ‘you are’ not possessive. thank you coach Arnold.
Stelly your a tool
I can say for a fact that John McGinty did not uphold his duties as headmaster to the absolute best of his ability. I will refrain from citing details, but in short when I was president of the Honor Court, he made up his decision regarding 4 cadets who were THIEVES - stole from school, ROTC, and other cadets - before the Honor Court even met to deliberate the case. He kept every one, when at the begining of the year, he stated “I have no problem kicking out a student who steals even $5 from someone else” (John McGinty, August 2005).
The HONOR CODE [A Cadet will not Lie, Steal, Cheat, nor tolerate those who do] is THE MOST IMPORTANT thing in that school, as it is here, at VMI. He chose to ignore that, thus slapping my honor, and the honor of every student there, in the face.
John McGinty is one of the greatest men I know. He is a man of character, honesty, and integrity. Any learning institution in the country would be blessed to have him as their principal. Benedictine is barking up the wrong tree with this one. They will be hard pressed to find anyone, and I mean ANYONE, who will say that John McGinty did not uphold his duties as headmaster to the absolute best of his ability.
The operative language is that the contract provided for automatic one-year renewals unless the school notified him otherwise by April 1. Since he was not notified the contract then renewed for another year and so on. Terminating the contract after the April 1 date means that it should be subject to severance dictated by the original agreement - unless otherwise stipulated.
All this is moot however, if you consider what is actually right and wrong here. Mr. McGinty came to work on the day the Abbey made the change, thinking he was employed for another year since the contract had not been canceled on or before April 1 of that year. Therefore the school made the change knowing that they were breaking the contract. That means they owe him severance in my book…the book of right and wrong and I think that might actually go by another name as well.
Something has to be wrong with those dates. If he had an employment agreement from July 06- June 07, a one year renewals would be June 08 not June 10.
My son graduated from Benedictine in 2009. John McGinty was the headmaster during his four years and I found him to be a most honorable man whose was completely committed to the ideals and mission of the school. That mission includes these words: Benedictine is synonymous with Catholic values, academic excellence, leadership, and service. As a Catholic school, we believe in exemplifying and conveying the basic tenets and values of the Faith. As a Catholic I am struck by the irony of a religious order that would shrink from its contractual and moral responsibilities to pay Mr. McGinty his severance. Exactly what is that teaching the young men who attend Benedictine High School?
Whether or not there is a contractual loop hole that the Benedictine order is using to justify its non payment of severance, is, in my mind, immaterial. There is a larger question here, one of basic right and wrong. A dedicated academic and professional who worked tirelessly on behalf of the school and its students should not have to resort to a lawsuit to obtain his severance.
Lastly, I ask the Monks this question: If the financial situation is as dire as you reported (something that was questioned by many in the Benedictine community) why would you risk further disruption of your fund raising efforts, a reprise of the Alumni unrest that occurred as a result of Mr.McGinty’s unceremonious firing last Summer, and the incredibly bad publicity a situation like this brings for the school in the midst of a recruiting season for $122,000? This amount represents the four year fees for less than three students. That’s just bad business. Pay Mr. McGinty and both the school and he can move on with their lives.
Kate Dunn
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