A wrongful termination lawsuit filed against the Franklin County Commission and individually against Franklin County Probate Judge Barry Moore could be ready for trial later this year.
Rhonda Boyles, a former employee in the Franklin County Probate Judge's Office, filed the civil action in Franklin County Circuit Court last year, alleging breach of contract and wrongful termination based on her termination from employment on January 25, 2013.
Boyles was hired into the Franklin County Probate Judge's office in 1997. She was employed as Chief Probate Court Clerk at the time of her dismissal by Judge Moore. Boyles' civil action, which was later removed to the United States District Court for the Northern District of Alabama, alleges her termination was political retaliation.
“It is my opinion that her dismissal was for purely political purposes, and your method of termination was designed to purposely prevent her from the opportunity of any review or appeal,” Boyles' attorney, James Stanphill, Jr., stated in a March 18, 2013, letter to Moore.
Neither Boyles nor Moore would comment on the pending action, and attorneys for both parties failed to return messages left by the Franklin Free Press.
Boyles also claims the defendants violated the Fair Labor Standards Act of 1938, based on overtime hours she worked but was not properly compensated for.
Attorneys for Moore and the Franklin County Commission twice filed motions to dismiss and U.S. District Judge Abdul Kallon granted portions of both. Boyles' claims for damages from violation of the Fair Labor Standards Act and for breach of employment contract were dismissed.
Remaining are her claims for wrongful termination against the commission, and Moore individually, as stated in her amended complaint: “Defendants wrongfully terminated and discriminated against Plaintiff because individual and political beliefs solely because of their difference from those of the Probate Judge of Franklin County, Barry Moore. Defendant Moore specifically targeted Plaintiff's employment for her failure to support his candidacy for Probate Judge of Franklin County and her membership as an officer of the Alabama Democratic Party.” (Paragraph 15 of Boyles' amended complaint)
Boyles remains a member of the Franklin County Democratic Executive Committee as of 2015.
Moore, a Republican, defeated Democratic nominee Connie Green in the November 2012 general election.
Alabama law allows the Franklin County Probate Judge to appoint a clerk “to assist him in the performance of his duties.” Boyles served as Moore's Chief Clerk from the time he was appointed to office in 2007 until her termination almost six years later.
The statute also provides that “such clerks as are appointed under the provisions of this act shall serve at the pleasure of the officer making such appointment.”
The court's most recent order set a deadline of April 21, 2015, for discovery, meaning depositions, interrogatories and other pre-trial motions must be completed by that time.
