Menominee school district asks to end lawsuit filed by fired supervisor

MENOMINEE — Menominee Area Public Schools is seeking to have dismissed a lawsuit filed by former operations supervisor Steve Sobay, who was fired by the school district last May.

John Miller, of Giarmarco, Mullins & Horton, P.C.’s Munising office, filed a motion on the school district’s behalf on Thursday, to dismiss the lawsuit filed in the 41st Circuit Court in Menominee.

The school district’s request to dismiss the lawsuit will be heard by Judge Christoper Ninomiya at 1:30 p.m. May 7 at the Menominee County Courthouse, 839 10th Ave.

Miller, representing the school district, said the “vexatious, frivolous, and harassing lawsuit” is straightforward, and the facts of the case have already been worked out in court and admitted by the Sobay.

“I honestly see his as a continuation of harassment toward Mr. (Derek) Butler and the school district itself,” Miller said.

Derek Butler, school board president for the Menominee Area Public Schools, filed a personal protection order against Sobay, which Sobay signed on May 12, the same day the school board voted to move ahead with his firing.

Miller said in that filing the plaintiff then agreed to a stipulated order in which he acknowledged his underlying misconduct was true.

Butler said just prior to his being fired, Sobay approached him in a vehicle off school grounds on two separate accounts and said “f--- you” through the windshield outside Butler’s place of work, next to a gas station that Sobay said he’s been visiting daily for many years.

This was after Sobay was placed on administrative leave, pending an investigation into whether he knowingly exposed school district personnel to asbestos.

“While on leave, plaintiff began a campaign of harassment and intimidation directed at the school board president. These actions included stalking and telling the school board president multiple times: “F--- You,” according to the motion to dismiss.

When the school board voted to fire Sobay, they did not fire him based on the alleged misconduct with asbestos, only based on his misconduct toward Butler and the superintendent.

Sobay is suing the school for at least $25,000 in damages and the opportunity for a jury trial.

The original lawsuit claims that Sobay was wrongfully fired and cites a breach of contract, according to his attorney, Gerald Pirkola, from Mouw & Celello out of Iron Mountain.

The contract expired almost a year prior to when he was fired, according to the lawsuit. He “continued to work under his customary duties past the expiration of the contract on June 20, 2022. Defendant continued to employ plaintiff and acted in accordance with the contract terms.”

The lawsuit says that Sobay continued to rely on the contract, which said that he could only be terminated for good cause.

The complaint said Menominee Area Public Schools violated the contract when Sobay was fired on May 16, 2023 at a special board meeting at 6 a.m. at the KK Integrated Logistics community room on 1st Street.

Miller said the school district is arguing that the firing was justified.

“It would be astonishing if an employee could say “F--- you” to his supervisor or manager and remain employed,” he said.

Gerald Pirkola, of Mouw & Celello in Iron Mountain, who is representing Sobay, did not immediately respond to a request to comment for this article.