Lawyers say Virginia teacher shot by student was FIRED as school claims she resigned

The Virginia teacher who was shot by her six-year-old student is no longer working for the school as her lawyer claims she was fired. 

Abigail Zwerner’s attorney Jeffrey Breit said the school district is attempting to push the 25-year-old out after she filed a $40million lawsuit against its board.

‘While this woman was protecting 20 other students and risking her life,’ Breit said, ‘they decided to fire her because she wouldn’t drop her lawsuit.’ 

In an email shared by WAVY, however, Zwerner wrote to HR she wished ‘to resign’  and an official for Newport News Schools said her contract then ended on June 12. 

Breit maintains that Zwerner – who he claims hasn’t been paid since February – was fired and that his client doesn’t understand the dismissal from Richneck Elementary in Newport News. 

Abigail Zwerner, the teacher shot by her student in January, is no longer working for the Newport News school district as her lawyer claims she was fired 

Jeffrey Breit, Zwerner’s lawyer, said the district is attempting to push the former teacher, 25, out after she filed a $40million lawsuit against the board

Richneck Elementary School in Newport News, Virginia, where the shooting occurred

‘I don’t think you can read this any other way than you’ve been fired,’ Breit said. ‘And that’s what she thinks. She doesn’t understand it; there’s no other communication.’ 

Talking with WAVY, Breit said Zwerner was let go because of her lawsuit and the months of prior uncomfortable interactions between an admin and the teacher. 

‘To say we were shocked is an understatement; we have litigation,’ Breit said, adding that she should have had until August 1 to leave or re-sign. 

‘The only thing I can think, they were trying to put pressure on her because we filed suit. It’s outrageous, as outrageous as I’ve ever seen,’ the attorney argued.

In the email exchange where Zwerner announced her resignation, she initially reached out to Human Resources saying that she could not access a form. 

Abigail Zwerner, 25, was shot in the hand and chest by the child at Richneck Elementary School in Newport News, Virginia, in January

The form would either confirm her intent to return or to resign.

HR responded to Zwerner, writing that the deadline had passed but informing her that she could state her intention in their messages. 

Ten minutes later, she responded: ‘I wish to resign. Thank you.’

A week after that email was sent, Newport News Public Schools sent an email with the subject line ‘Exit Letter,’ stating they had processed her request to resign. 

An identical email was resent to her on May 22, informing her that her last day of employment with the district would be June 12. 

The department informed her she needed to turn in certain items and addressed paychecks, leave balances, and other benefit questions commonly asked. 

Michelle Price, a spokesperson for the district said they took her May 13 email as confirmation of her departure and that follow-up emails to her solidified that. 

‘The email that Ms. Zwerner received from the Human Resources Department is a confirmation of her separation of service from Newport News Public Schools. Every employee who is separating from the school division receives a similar communication,’ the statement read. 

‘Ms. Zwerner notified the Human Resources Department that she was resigning from her position as a teacher for NNPS on March 13, 2023,’ Price said.

In an email shared by WAVY,  Zwerner wrote to HR she wished ‘to resign.’ An official for Newport News Schools said her contract then ended on June 12

A week after that email was sent, Newport News Public Schools sent an email with the subject line ‘Exit Letter,’ stating they had processed her request to resign

According to Breit, however, there is much more to the story. 

The lawyer claims the teacher has not been paid since February as the district attempted to give her workers’ compensation which she refused. 

‘They sent a check to her back account,’ Breit said. 

‘Her worker comp check – two-thirds of pay – they sent it to her. We immediately sent it back. This is not workers comp.’ 

According to law firm Cohen and Cohen, workers are typically unable to sue their employer if they have already accepted workers’ compensation.   

Breit said it would have been more apt for her to receive disability, which he alleged other teachers have taken in the past. 

‘She has not received a single response to the disability letter from her doctor,’ he said, nor has she received a paycheck. 

Price countered the claims made by Breit but acknowledged that Zwerner was issued workers’ compensation after the shooting, which she refused. 

‘Ms. Zwerner refused workers’ compensation, so HR staff used her sick leave to continue compensation for Ms. Zwerner. When Ms. Zwerner’s sick leave was exhausted, she was placed on unpaid FMLA, in accordance with federal law and school board policy,’ Price told WAVY. 

‘Had Ms. Zwerner accepted workers’ compensation, she would have received 66 2/3% of her average weekly wages tax-free,’ the statement continued.

In April, the teacher filed the mega-lawsuit against Newport News School Board, former Richneck Principal Briana Foster-Newton, and former Assistant Principal Dr. Ebony Parker

Dr. George Parker III – the former Superintendent of the school – was also named in the suit

The child had brought the gun, which belonged to his mother Deja Taylor (pictured)  to school from home and was allegedly threatening to use it throughout the day 

Zwerner was in her first-grade classroom at Richneck Elementary on the afternoon of January 6 when her six-year-old student shot her. 

The child had brought the gun, which belonged to his mother Deja Taylor, to school from home and was allegedly threatening to use it throughout the day. 

Taylor is charged with unlawful use of a controlled substance in possession of a firearm and making a false statement during the purchase of a firearm.

In April, the teacher filed the mega-lawsuit against Newport News School Board, former Superintendent Dr. Gregory Parker, former Richneck Principal Briana Foster-Newton, and former Richneck Assistant Principal Dr. Ebony Parker. 

Lawyers have asked a judge to dismiss the suit, arguing the injuries were sustained while Zwerner was doing her job and should be covered by workers comp. 

Breit, while talking with WAVY this week, indicated that he is fighting back against that claim. 

He said he plans to ask ‘every first-grade teacher under oath (whether) getting shot by one of your students was part of your job description.’