On Aug. 12, 2013, plaintiff Rabbi Moshe Abady entered into a contract with the Torah Day School of Seattle to employ him as Head of School for their institution. The term of the three-year contract was from Aug. 1, 2013, through June 30, 2016. On Dec. 23, 2013, the 11-member Board of the Torah Day School voted unanimously to dismiss Abady for cause, terminating his employment without pay or compensation. Abady claimed he was unjustly dismissed, based on the contractual obligations of the Torah Day School, since the school failed to show cause for termination and failed to follow the procedure for terminating a contract as outlined in paragraph nine of the employment agreement. Abady brought claims against the Torah Day School of Seattle. Abady alleged that the Torah Day School’s actions constituted wrongful termination, character defamation and intentional infliction of emotional distress. The matter was brought before the Rabbinical Counsel of California’s Bais Din (alternatively Beis Din, Beit Din or Beth Din), an arbitration panel usually comprised of three rabbis who adjudicate disputes according to Jewish law. Defense counsel contended that it was the expectation of the Board of Directors of the Torah Day School that Abady would relocate to Seattle, along with his family, a short time after the execution of the agreement. Per the employment contract, a $3,000 travel allowance was provided so that, during the first few months, Abady could return home some weekends to help facilitate the move, Abady did not have to be away from his family every Sabbath, and Abady’s wife could travel to Seattle to help look for a house and make other preparations for the family’s move. Counsel contended that the need for the school’s Head of School and his family to live in the community was paramount, as Abady was to be the face of the school to the parent body, donor base, and community at large. Defense counsel asserted that Abady’s lack of presence in Seattle every Friday through Sunday, and not demonstrating any plans for a future residency in the city, made him unable to perform vital responsibilities outlined in the employment contract and job description, made him unable to establish credible relationships locally, and brought the school a growing level of negative publicity within the community. Defense counsel contended that since being retained by the Torah Day School, Abady was a total disappointment and failure in that Abady failed to honor the letter and spirit of the employment agreement by refusing to work in the school on Fridays, spend any Sabbaths in the community, and relocate his family to Seattle in a timely manner, all resulting in an inability to perform the job for which he was hired as described in the employment agreement and job description. Counsel asserted that these actions resulted in material harm to the school’s reputation with the parent body and donor community. Defense counsel contended that Abady entered into the employment agreement under false pretense, in so far as Abady was unwilling to commit to relocate his family at any time or to honor the contract beyond the first year. Counsel also contended that Abady hadn’t been willing to put the intention to move in writing in a formal commitment, even though he was asked to do so numerous times. Counsel noted that a letter was drafted, stating as much, but Abady refused to sign it in his name or propose his own draft. Defense counsel also asserted that Abady severely impaired the school’s reputation by making repeated negative statements about the school and Jewish community to parents, community members, and individual and institutional donors. Counsel further asserted that Abady put the Torah Day School’s accreditation with the National Association of Independent Schools at risk by not submitting the needed paperwork by the deadline because he was “too busy.” Counsel added that Abady further damaged the school’s reputation by making derogatory statements about the school and Board to the Director of the Association. Defense counsel contended that although Abady was brand new at being a Head of School and at the Torah Day School, Abady informed the General Studies Principal (someone with 40 years of experience in education) that she would not be returning next year and that this jeopardized the school, inasmuch as several general studies teachers were likely to leave with her, as well as a number of families who value her contributions to the school. Defense counsel also contended that Abady failed to ensure student safety, in that Abady would leave the building unattended by any administrator for extended periods of time while in Los Angeles. Counsel contended that Abady refused to meet with the Head of School Support and Evaluation Committee to discuss serious performance issues adversely affecting the day-to-day operations of the school, saying he needed to set up the committee and evaluation process himself before engaging in any discussion. Defense counsel asserted that Abady acted with total disregard for the well-being of the school by arrogantly insulting a major donor, which resulted in the loss of support, and made repeated statements that exhibited an extreme level of hubris about not becoming a rabbi and institutional leader, resulting in a loss of credibility with the staff, Board of Directors, and community leaders. Counsel also asserted that Abady made publicly misleading and dishonest statements about the expected timing of his family’s relocation to Seattle and that he failed to demonstrate that he was working full time, in that Abady would leave early on Thursdays and show no evidence that he works on Fridays. Defense counsel contended that Abady’s schedule was often totally empty on Fridays and that staff stated that Abady was not in contact with them on Fridays. Counsel also contended that Abady conducted non-school business during school hours, was very often in his office with the door closed and unavailable for extended periods while speaking on his personal cell phone, and demonstrated a total disregard for student morale by not attending important school and class events, even after promising that he would. In addition, defense counsel contended that Abady told others that he also managed and actively invested in real estate. Defense counsel asserted that Abady regularly exhibited behavior inappropriate for a religious leader and role model, thus rendering him unable to perform his duties because he had lost the respect of the staff, administration, board, and school community, and that this was compounded by a level of disdain Abady showed for the Seattle Jewish Community. Counsel further asserted that Abady falsified his capabilities and experience during the interview process and deliberately misled the search committee. In addition, counsel asserted that Abady prioritized his personal financial needs over those of the school and exhibiting a total lack of concern or sensitivity to the school’s financial condition and fund raising needs. Defense counsel contended that Abady was informed of his choice to resign (offering to pay him $21,000, an extra month and a half severance) or be terminated. Counsel contended that Abady was given 72 hours to make his decision, but during this period, Abady deleted all of his emails from the Torah Day School server in an attempt to destroy evidence against him. Thus, defense counsel contended that since Abady refused to resign and agree to a settlement, he was subsequently sent a letter informing him of his termination, as dictated by a motion unanimously passed by the Board of Directors. In addition, defense counsel asserted that Section 9 of the Employment Contract, entitled “Termination of Contract,” contained seven grounds for termination for cause with a forfeiture of all remaining contractual rights. Specifically, counsel noted that these grounds for termination included cases of moral or religious turpitude, any act that severely impairs the school’s reputation, and gross negligence as it pertains to student safety., Abady claimed he was unjustly dismissed and should be reinstated to his position with all benefits and salary. In the instance he would not be reinstated, he made numerous financial claims, including full payment of all money due for the balance of the three-year contract, compensation for damage to his career as a Jewish educator, and sundry damages. Abady noticed approximately 20 witnesses to testify at trial, some of who are rabbis, to provide character witness testimony of his alleged honesty, integrity, and noble intentions. However, defense counsel filed a motion in limine, claiming the rabbis’ testimony should be precluded because Abady’s character was not at issue. Defense counsel also noted that Abady did not produce any witnesses who had knowledge of the alleged events of the case at trial. However, Abady claimed that the Torah Day School was engaging in a campaign of witness intimidation and witness tampering, and was therefore unable to present any witnesses. Defense counsel obtained statements from the witness pool, which stated that Abady never contacted them about testifying, let alone inquired about whether the Torah Day School intimidated them or tampered with evidence. Of the 25 witnesses produced by defense counsel, those who gave live testimony included the President of the Board, General Studies Principal, Director of Operations, and the school’s largest individual donor.