02-11-2013, 04:49 PM
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Join Date: Jan 2013
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Re: Janitor claims American flag disrespected, fired
Update: Stanley County school janitor who claims he was fired after posting Facebook photo hires lawyer
http://www.argusleader.com/article/2...nclick_check=1
Quote:
A Fort Pierre man who said he was fired from a school district after posting photos of a crumpled U.S. flag on Facebook has obtained legal counsel to evaluate his options, and his lawyer said cooler heads can prevail in the matter.
Cesar Zakahi of Fort Pierre told several local media outlets that he posted the photos over the weekend to draw attention to the fact that a co-worker was disrespecting the American flag. Zakahi said the Stanley County School District fired him on Monday for posting the photos.
Superintendent Don Hotalling confirmed Zakahi no longer works for the Stanley County School District, but he said it wasn’t because of the photos. He said he couldn’t comment further because it’s a personnel issue.
Zakahi, who is an Air Force veteran, claims a coworker would crumple up the American and South Dakota flags and put them on a boiler after taking them down from an outside pole. Joel Arends, a Sioux Falls lawyer, has been hired to represent Zakahi in the matter, and said Zakahi has, over the last month or so, reported to his immediate supervisor and to Hotalling that the flag was being mishandled.
He said Zakahi felt his complaint wasn’t being addressed, and the flag continued to be mishandled, sometimes being crumpled up on a boiler, other times being crumpled up next to toilet bowl cleaner. Arends said Zakahi posted the photos online only after the other worker didn’t change the way she handled the flag.
Arends said on Monday that Zakahi was called into the superintendent’s office, along with his immediate supervisor, and the superintendent told him the photos embarrassed him and that he was out of bounds for posting the photos, so he was fired. Prior to the firing, Zakahi also filed an injury report about an injured knee he received while performing janitorial duties at the school, Arends said.
Zakahi was still within his 90-day probation period when he was terminated.
Zakahi could not be reached for comment.
Arends said there’s a possibility something could be worked out, and he’s employed to help Zakahi “evaluate his options.” He added cooler heads can prevail in the matter.
“He’s (Zakahi) very adamant about treating the flag with respect,” Arends said. “He’s had friends who have been killed in combat, in Iraq and other wars. He’s relayed to me he’s seen the flag on their coffins, and feels the way the flag is being treated in this case is very disrespectful.”
Arends said defiling a flag is a Class 1 misdemeanor in South Dakota, which carries a punishment of up to one year in jail and a $2,000 fine.
In addition, Arends said a flag that was properly lighted was stolen from Zahaki’s residence overnight, and he’s unsure who might have taken it.
Ultimately, the issue doesn’t need to turn into a legal battle, Arends said, adding Zakahi wants to start a dialogue with the school district and teach them the proper way to treat the flag, and regain employment with the district.
“He’s an all-around good guy who is sticking up for his values, and doing what he thinks is right,” Arends said.
-The Associated Press contributed to this story
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__________________
Question with boldness even the existence of a god; because if there be one he must approve of the homage of reason more than that of blindfolded fear.
-Thomas Jefferson
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– Abraham Lincoln
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Courtesy of Swissman
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