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Former superintendent sues Lehighton over sick pay funds

Published January 24. 2013 05:05PM

The former superintendent of the Lehighton Area School District has sued the district over sick days funds.

James A. Kraky, of 7172 Herber Rd., New Tripoli, filed the action in Carbon County court recently.

Kraky claims that the district underpaid him for sick days he was due and owed after employment with the district ended.

The suit states on July 16, 2007, Kraky and the district board of education entered into a written agreement for him to serve as superintendent from July 1, 2007, to June 30, 2012. The suit notes that Kraky's last work day was March 30, 2012, but he remained employed by the district with full benefits until June 20, 2012.

Between those dates Kraky assisted with transitioning his duties to the incoming superintendent. The arrangement was "memorialized in a document entitled Memorandum of Understanding", the suit quotes.

The suit further states Kraky and the board had several discussions concerning the rate at which he would be compensated for unused sick days accrued during his tenure as superintendent. The suit states it was agreed he would be compensated at his per diem rate which was stated to be $512.75.

The suit states further Kraky had 37.5 unused sick days. Kraky, by letter, notified district business administrator Michael Malay, of the agreement and the per diem rate for the 37.5 days owed.

The suit states Kraky received a letter from Malay on Aug. 31, 2012, that he would be compensated at a rate of $125. "Pursuant to the August 21, 2012 letter from Michael Malay, funds were deposited by the School District into Kraky's retirement accounts. However, Kraky was compensated for the 37.5 unused Lehighton Sick Days at a rate of $125 per day," the suit states. It also claims the deposit was made without Kraky's consent.

The suit goes on to state that Kraky, in September 2012, spoke with board solicitor, Atty. William Schwab, about the matter and claims that Schwab "admitted that it was his understanding that unused Lehighton Sick Days were to be paid out at Kraky's per diem rate."

Kraky charges he is owed an additional $14,539.50, which represents the difference between the rate at which Kraky was compensated for the unused sick days and his per diem rate of $512.72.

The suit seeks payment of the $14,539.50 and "any and all other relief this court deems warranted and just."

Kraky is represented in the matter by Atty. Trisha M. Majumdar, of Allentown.

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