Sub insists he's no wizard, plans to sue Pasco district
Jim Piculas, the Pasco substitute teacher who claims he was fired for "wizardry," now wants to sue the school district for making it impossible for him to get a full-time or substitute teaching job.
His lawyer, Jeffrey "Jack" Gordon of Tampa, has notified the school district that Piculas intends to sue the district for "defamation and tortious interference damages."
"Six months from now I will be suing. They're not going to offer any money," Gordon told the Gradebook.
Gordon acknowledged that the district had a legal right to fire Piculas under Florida's right-to-work laws and also under its own substitute teacher manual rules. But he suggested that district officials were on shaky ground by making accusations that have had a substantial impact on Piculas' profession.
"He works every day as a sub for a year, and now no school needs him?" Gordon said. "There's one reason and only one reason why."
Like all the blogs and news reports, and the attention from national media including MSNBC and Comedy Central's Colbert Report.
"His performance as a teacher has been called into question," Gordon said.
Pasco officials have steadfastly denied that “wizardry” — in this case a 30-second trick of making a toothpick “disappear” — had anything to do with Piculas’ dismissal. Rather, they have consistently pointed to documents stating that Piculas could not manage his class, used foul language in front of students and failed to follow lesson plans.
When asked about the notification that Piculas might sue, superintendent Heather Fiorentino smiled and said simply, "We've given it to Mr. (Dennis) Alfonso," the district's lawyer, who was out of the office for the day and not available for comment.
Get inside the world of Florida education with St. Petersburg Times staff writer Jeffrey S. Solochek and the rest of the Times education reporting team. We'll bring you up-to-date information about the latest education trends, fads and news and dig deep into Tampa Bay area school issues.
Is it any wonder Florida is the laughingstock of the country, and Pasco County is the laughingstock of the state?
Posted by: Bob H | July 07, 2008 at 03:14 PM
He will never win...LMAO spend go ahead let him spend his own money on a lawyer. Remember, Piculas called the media for his own personal glory. Had he not done that, it would not have exploded on the web and then the Cobert show would not have ran it.
What an idiot and for that I don't want him teaching my sons.
This is just a case of society being greedy. I did something stupid (not teach the lesson and I called the media for you own personal attention) and now I want the district to pay.
The killer part is we as tax payers have to pay the district's lawyers fee. Piculas you are an idiot.
Posted by: Parent | July 07, 2008 at 03:45 PM
He made himself unhireable by not doing his job and then saying "unfair!" when he didn't get what he wanted. It's like suing your company for not getting a raise, if all you did was nothing all day!
Posted by: ab | July 07, 2008 at 03:50 PM
Please, "His performance as a teacher was called into question,"
He was not - is not - a teacher. He was a substitute. It doesn't appear that he followed the lesson plan that was left for him.
I had a sub ask my students once if they wanted to do the work that I'd left for them or if they wanted him to tell them his war stories. Guess what they chose.[HINT: They had work to make up when I returned]
Posted by: Susie | July 07, 2008 at 03:54 PM
If I ever have kids I'm moving them out of state to get an education.
Posted by: Jay | July 07, 2008 at 04:22 PM
This just proves what an idiot Pickle is, and he should never be around children (and adults for that matter).
Lets review:
1) As a sub, I didn't do the assignment the teacher left for me to give the students.
2) I CALLED the media to exploit being canned by the district with the hopes that everybody would feel sorry for me. Then again, this could have been apart of Pickles plan to sue all along.
3) I CHOSE to go on Colbert to exploit it some more. Again, this could have been part of Pickles plan to sue.
4) Now I am going to pay for lawyer to represent me for being stupid.
If above 4 doesn't indicate why Pickle should NEVER work in public ed - or anywhere - the we really are in Flori - duh.
Did anyone notice, his lawyer made a comment about the District not offering him money. Ha, what a joke.
Posted by: Joe | July 07, 2008 at 04:30 PM
I think that Pasco County is a royal laughing JOKE of a COUNTY... the cops say if they didn't see then it didn't happen. The schools are a laughing stock of schools in the US. So if he can beat them at their own game more power to HIM.
Posted by: Normaj | July 07, 2008 at 05:03 PM
With today's state of the union, it just might take a wizard to put it back together again.
Posted by: Merlin | July 07, 2008 at 05:05 PM
Normaj,
You mean to tell me that if you paid this guy to mow your lawn or to perform whatever task you choose, and he did not do it - would you ever hire him again?
No, in fact, you probably would not pay him. I hope the District counter sues for his daily wage and lawyers bills.
It is people like you that make sue-happy lawyers rich.
Posted by: Joe | July 07, 2008 at 05:31 PM
One thing that is missing from this little discussion is why dopey Kathryn Starkey, the chair of the Pasco County School Board, did agree to appear on Colbert. Her response to Colbert absolutely should have been no comment. The issue involved a confidential personnel decision made by the school district and she should have kept her big mouth shut.
One incident that happened is that Piculas asked a class, and I am paraphrasing, who the hell was that after the principal of that school walked through his class. How professional!
The Colbert piece was very funny, but I do not want my children’s school district to be the subject of the satire. Piculas will eventually fade away.
Posted by: former teacher | July 07, 2008 at 06:01 PM
I forgot one point. The winners here will be the attorneys. This seems to frequently be the case in this type of dispute!!!
Posted by: former teacher | July 07, 2008 at 06:03 PM
I forgot one point. The winners here will be the attorneys. This seems to frequently be the case in this type of dispute!!!
Posted by: former teacher | July 07, 2008 at 06:04 PM
Starkey may have been turned into a frog....Piculas a jackass, the boy in the video a moron...whose next?
We know it won't be the lawyer as he will be a typical greedy lawyer. Who'd ever go with this guy if he takes absurd cases like this one.
Come on' do they really think they can win? I hope I am on the jury or at least I will go and watch.
Posted by: MS | July 07, 2008 at 06:25 PM
Do we know what Pickle did for a living before trying to be a sub? I bet there are some more moronic and idiotic antics by him there.
I bet no one else would hire him so he decided to go into subbing and then look he lost this one too.
The best indicator of the future is the past and I bet he has a past that Jeffrey you would love to report on.
Posted by: Joe | July 07, 2008 at 06:36 PM
I am just trying to figure this one out. How did the district defame him? To defame them means they told others lies about him that ruined his chance for employment (his loss).
Where and how? He is the one who defamed himself. I'd like to know what judge would allow this to go to court? This truely is a waste of taxpayer money.
I don't know about you guys but I will never use Gordon.
Posted by: Just trying get it | July 07, 2008 at 07:00 PM
What an embarassment to the education system. Teachers, districts, all...
Posted by: | July 07, 2008 at 07:05 PM
I bet he is not getting hired because he doesn't follow his assignments. Then when he gets fired rather than resolve it properly, he chose to air HIS LAUNDRY out in public.
His problem of not getting hired all stems from HIS ACTIONS not the Districts. He needs to disappear.
Posted by: Kim | July 07, 2008 at 07:12 PM
Susie, I think I have had the "war story" substitute as well. Piculas aside, I have had many GREAT subs in my classroom, and I hope that these shenanigans don't tarnish the reputation of all the subs in our county. Many of them are just outstanding!
Posted by: Heidi | July 07, 2008 at 07:25 PM
I'm willing to bet the District will settle with this guy and pay him money because it will be cheaper to do so then fight him in court. Same as they do with most of their lawsuits
Posted by: John | July 07, 2008 at 08:33 PM
Come on folks, you are all making the assumption that the District is telling the truth. Why does a teacher, even a substitute teacher always get accused of something, then the District say's, "oh by the way, you also did X,Y, and Z, and don't forget when you did not do a, b, and c.
This is a common ploy by Pasco District. The union in Pasco, I'm told, routinely deals with these, sorry for the pun, witch hunts. Typically, the District has no written evidence from past situations and all of their created evidence is home brewed. I'm glad Mr. Piculas is suing. Even if he's loses, maybe we'll get to see the how H.F. and her District Flunkies really handled this situation. I hope this email doesn't "spook" our election year Superintendent too much...
Posted by: O'Shae | July 07, 2008 at 09:38 PM
O'Shae,
It appears the lawsuit is not about him getting fired as his own lawyer admits the "district had a legal right to fire Piculas under Florida's right-to-work laws."
His lawsuit is about defamation and Piculas is the one who consciously took the steps to "defame" himself.
So it is irrevelant about what steps the administration did or did not do prior to his firing.
His claim is all about AFTER his firing and if you read the other articles, Piculas admitted he called the media. He even apologized for the number of calls board members and the administrtive received when his story went to the internet. Why would Piculas apologize for something he was not a part of.
Therfore, as an armchair lawyer, he is obviously his worst enemy.
Posted by: Frankie | July 08, 2008 at 07:41 AM
Could it be that the District defamed him to another potential employer? So, now the guy can't find work anywhere? I've seen "witch hunts" plenty in Pasco. HR laws are pretty straight forward about what folks can say when asked for a reference, but it seems none of those laws every apply to those in education, even as a sub. Remember the incident first happened in January.It didn't hit the press for months.
Posted by: Norma | July 08, 2008 at 10:24 PM
Well Jay lets hope you don't since you sound like a mor--!
Posted by: Brian | July 09, 2008 at 12:35 AM