The Third District Court of Appeal reversed a settlement Wednesday at the request of Gulliver Schools Inc. in a lawsuit filed by a former headmaster, who has his daughter’s social media snark to blame.
The private Miami college preparatory school challenged Patrick Snay after his daughter disclosed the settlement on Facebook to 1,200 online friends, “many of whom were either current or past Gulliver students,” Judge Linda Ann Wells wrote.
The underlying dispute arose when the school didn’t renew Snay’s contract after the 2010-2011 school year. He filed a complaint alleging age discrimination and retaliation.
The settlement included a confidentiality clause. Snay was to receive three checks—$10,000 in back pay plus $80,000 and $60,000 for Snay’s attorney.
Snay’s daughter posted a comment three days after the Nov. 3, 2011, settlement.
The Facebook post quoted by the court said, “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.”
Gulliver agreed to pay the attorney fee but said it wouldn’t pay the $80,000 for breach of the nondisclosure agreement. Snay sued for breach of contract.
Wells noted the terms warned Snay and his wife couldn’t disclose the existence of an agreement directly or indirectly.
“Before the ink was dry on the agreement … Snay violated the agreement by doing exactly what he had promised not to do. His daughter then did precisely what the confidentiality agreement was designed to prevent,” Wells wrote.