Skip to Full Menu

Providing information, education, and training to build knowledge, develop skills, and change attitudes that will lead to increased independence, productivity, self determination, integration and inclusion (IPSII) for people with developmental disabilities and their families.

State Was Right To Fire Abusive Employee, Judge Says
By Dave Reynolds, Inclusion Daily Express
November 5, 2003

WOODBINE, NEW JERSEY--A state court has ruled that the state was justified when it fired a trainee for verbally abusing a Woodbine Developmental Center resident two years ago.

Administrative Law Judge W. Todd Miller said in his October 1 decision that the state could fire any trainee it considered unsuited for a job, the Press of Atlantic City reported Tuesday.

James Broughton had been assigned to work with a 16-year-old resident identified as "J.B." on October 13, 2001. According to court records, J.B., who had autism, began throwing things at and spitting on Boughton.

Workers who arrived to assist said they heard Boughton say, "I'll hurt that boy."

After Boughton was fired, he sued to get back his job as a human services assistant at the institution.

Other institution employees testified on Boughton's behalf, recounting other situations where residents became aggressive toward them.

"Woodbine based its decision on the fact that (Broughton) may not be fit for the job because of his temper," Judge Miller said. "Right or wrong, the decision was not formed with malice or bias."

Miller said that Boughton has the right to re-apply for the job.


©2018 The Minnesota Governor's Council on Developmental Disabilities
 370 Centennial Office Building  658 Cedar Street   St. Paul, Minnesota 55155 
Phone: 651.296.4018   Toll-free number: 877.348.0505   MN Relay Service: 800.627.3529 OR 711   Fax: 651.297.7200 
Email:   View Privacy Policy   An Equal Opportunity Employer 

The GCDD is funded under the provisions of P.L. 106-402. The federal law also provides funding to the Minnesota Disability Law Center,the state Protection and Advocacy System, and to the Institute on Community Integration, the state University Center for Excellence. The Minnesota network of programs works to increase the IPSII of people with developmental disabilities and families into community life.