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Tort claim alleges Idaho's top education official fired employee for being a whistleblower

A tort claim filed by a former employee says Superintendent of Public Instruction Sherri Ybarra fired her after she claimed a hostile work environment.

BOISE, Idaho — Her future at the State Department of Education seemed promising.

Kelly Brady was handpicked by Superintendent of Public Instruction Sherri Ybarra to become the director of Mastery in Education in 2015. 

But in early 2019, Brady was fired.

But why? 

According to a tort claim filed by a firm representing Brady, she believes she was terminated for being a whistleblower. 

The story picks up in March of 2019 during an investigation into another office claim. Kelly Brady was interviewed in part about what the environment at the State Department of Education (SDE) was like.

Brady says she answered truthfully, saying in part, she did feel working at the SDE was hostile under Ybarra. She added that some people were fearful of losing their jobs. 

Those answers were included in a final report that ended up on Ybarra's desk. 

Brady alleges that's when Ybarra and the SDE began retaliating against her. 

The tort claim details how Ybarra and other SDE employees began to simply ignore Brady for weeks after that. She also added that she was effectively replaced by a newly hired co-director.

To further prove her point, the filing also includes a claim that while sitting alone, Ybarra put her head down and ignored Brady at a breakfast they were both at.

The claim provides more details about Ybarra's behavior towards Brady and how it changed drastically.

That point was made in the tort claim through a history of text messages Ybarra sent Brady.

One example was a text message Ybarra sent in August 2018, it said: “Nice work u rockstar and happy birthday!" 

Even more recently in January 2019 Ybarra texted Brady after an event, "Nice job U rocked it so impressive!!!! I was in the back…Again…thank you for all you do!!" 

The tort claim argues that Ybarra's change in behavior was, again, centered on what Brady said in her interview with HR, when she blew the whistle. 

By July 2019, things started to unravel.

The tort claim details Brady being pulled into a meeting where she was told a complaint had been filed claiming that Brady was creating a hostile work environment.

On August 12, 2019 Brady was fired.

Her termination letter said in part, 

"While the investigation has not concluded, this letter is to inform you that it is in the agency's best interest to terminate your employment from the State Department of Education." 

The tort claim adds that the employee who allegedly brought allegations against Ms. Brady, no longer works for the SDE. 

KTVB reached out for comment from Superintendent Ybarra, a spokesman says they cannot comment on pending litigation.

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