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Ohio Firefighter Files Discrimination Claim Over Nazi Salute

An Ohio firefighter who claims he was disciplined in retaliation for complaining about members giving a Nazi salute to the fire chief, has filed a formal complaint with the US Equal Employment Opportunity Commission (EEOC).

Firefighter Paul Way, a 28 year veteran of the Shawnee Township Fire Department, was terminated last December for abusing his sick leave. He was observed to have been drinking beer in a sports bar while off sick on September 12, 2012 and again on September 14, 2012.

The sick leave was taken just days after Way had been demoted from platoon chief to firefighter for what has been characterized by the department as his spreading negative information within the department via emails. He received a written warning about the emails in July of 2012.

Way’s attorney, Fazeel Khan, claims his client was wrongfully terminated over relatively minor disciplinary offenses in retaliation for his complaints about blatantly offensive and discriminatory conduct with the department. He claims that Fire Chief Todd Truesdale is routinely given a “Heil Hitler” salute by members of the department, and was once given a cake adorned with a Swastika. That cake included small figurines that were “marching into an oven”.

Way and his attorney have provided the EEOC with a number of photos of members giving Chief Truesdale the salute (exhibit A, exhibit B), as well as photos of the Swastika cake as proof of what he alleges is occurring. They claim the department discriminates against religious minorities, homosexuals and women.

According to attorney Khan “We believe Mr. Way was targeted, harassed and treated unjustly simply for his opposition to discriminatory practices and a general culture of bigotry rampant at the Fire Department.”

However, platoon Chief John Norris provided an entirely different version of events to reporters from Channel 4 in Columbus earlier this month. Chief Norris claims that  Way was the one who started Nazi salute for Chief Truesdle. Quoting from a transcript of the Channel 4 interview:

Norris: "Mr. Way started this over 10 years ago as a joke against his shift officer, who is now the chief of the department."

Norris also claims that it was Paul Way who instigated the "Heil Hitler" salutes

As for this cake, which is now part of the EEOC complaint, Norris says it is 10 years old. He admits it was made for Todd Truesdale, before he was chief, and claims Paul Way was instrumental in acquiring it.

Norris: "Everybody knew he was not happy at all with that. And chief has told me that right after that, he talked to Mr. Way in regards to that being inappropriate and that was to never happen again."

Way denies Chief Norris’s claims. The EEOC filing is a necessary predicate to filing a discrimination claim in court.

More on the story.

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Posted in Disciplinary Action, Discrimination, Wrongful termination, You Can't Make This Stuff Up

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4 comments Posted by on May 20, 2013

Ohio Fire Chief Wins Court Battle

 

Fire Chief David Fulmer has won a major battle with the West Licking Joint Fire District, who sought to terminate him last fall. Chief Fulmer was terminated allegedly because he violated the district’s Internet-use policy.

Common Pleas Judge Thomas Marcelain ruled last week that the district’s Board of Trustees “offered no substantial evidence” that Chief Fulmer actually violated the policy.

The alleged violation involved computer files that were placed on his computer that pertained to Chief Fulmer’s prior position as chief of the Miami Township Fire Department. According to Chief Fulmer the files included policies that may have some applicability to West Licking Joint and correspondence with professional associations.

Hopefully Chief Fulmer’s esteemed legal counsel, Chip Comstock, will be able to provide us with a copy of the ruling over the next day or so. Perhaps he will also be so kind as to explain the origins of the name West Licking Joint.

The West Licking Joint Fire District Board of Trustees are vowing an appeal. More on the story.

Incidentally, Chip, Brad Pinsky, John Murphy and I will be presenting at FDIC see week. We hope to see you in Indy!!!!

 

UPDATE FROM INDIANAPOLIS: Here is the decision, courtesy of Chip: Judgment Entry

We are still waiting impatiently for the West Licking Joint explanation….

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Posted in Civil Suit, Disciplinary Action, Wrongful termination

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3 comments Posted by on April 24, 2013

Montana Chief Sues for Wrongful Discharge

A former assistant chief in Montana has filed suit claiming he was wrongfully terminated in part because he cooperated with an investigation that led to the arrest and conviction of his former boss.

Assistant Chief Brian Crandell of the Central Valley Fire District was terminated on February 12, 2013 following two months of efforts by district officials said to be friends of former fire chief Brett M. Waters to force him to resign.

According to the complaint:

In the summer of 2010, the former Fire Chief of the Central Valley Fire District, Brett M. Waters, was investigated for theft of thousands of dollars from CVFD and official misconduct by the Montana Department of Justice Division of Criminal Investigation.

Plaintiff, along with at least two other employees of CVFD, reported pubIic policy violations and crimes by Waters to State investigators, and cooperated with the investigation of Waters. Waters later resigned from his position as Fire Chief with CVFD. Waters was charged with felony theft and official misconduct and ultimately pleaded guilty to official misconduct. He admitted that he had taken nearly $50,000 and agreed to pay it back.

During his tenure, Waters selected people to apply for appointment or run for election to the Board of Trustees for CVFD. Many of them continue a friendship with Waters. Mike Wachter, Gil Moore, and Ken Walker are members of the Board of Trustees whom Waters selected.

During the period of the investigation of Waters' criminal activity in 2010, CYFD Trustee Walker referred to the concerns raised about Waters' theft as “BS," and Trustee Moore referred to Plaintiff and other employees who reported the crimes as "chaff' at Board meetings.

In December, 2012, Fire Chief Ron Lindroth and Fire District board chairman Mike Wachter met with Chief Crandell to seek his resignation.

Wachter began this meeting by stating, "we are brother firefighters, and friends and instructors, and this is really hard." Wachter stated that Lindroth recommended "downsizing" and "eliminating [Crandell’s] position" and "it's the consensus of the Board to follow the Chiefs recommendations."

Lindroth then presented Plaintiff with a "severance agreement" which included a provision that he would give up his rights to sue for full legal redress. The agreement did not provide for anything but payment of wages and benefits he had already earned. Lindroth called it a "safety net" and told Plaintiff he should "find some other employment."

Lindroth told Plaintiff he wanted the agreement signed before the December Board meeting, and said that the "consideration" in the agreement would be better for Plaintiff jf he signed before the meeting. Plaintiff did not sign.

On December 13, 2012, Lindroth held a staff meeting and described his proposed "reorganization." The reorganization included eliminating Plaintiffs position and adding new positions, including company officer positions. Plaintiff is qualified to do company officer work. CVFD never offered him such a position.

On February 12, 2013, the CVFD held its monthly Board meeting. Plaintiff was in attendance, as he always was. Without notice to Plaintiff for to the public, as required bylaw, and without closing the meeting to protect his privacy, the Board voted to fire Plaintiff. Wachter publicly handed Plaintiff another unsigned "Severance Agreement." After the meeting, Wachter approached Plaintiff, took the "agreement" back and signed it. Plaintiff has never signed it, and never negotiated for it.

The complaint characterizes the reorganization plan as a pretext for Chief Crandell’s termination, and alleges that the fire district acted with actual malice in violating Montana's Wrongful Discharge from Employment Act. The complaint also alleges that Chief Crandell was wrongfully denied overtime compensation

Besides the two counts mentioned above, it would also appear that Chief Crandell’s legal team have at least three additional charges teed up and ready to drive if they need them, including:

  1. Whistleblower retaliation
  2. Due process violation (lack of notice and opportunity to be heard)
  3. Open meetings violation (lack of notice)

I am thinking they won’t need them!

Here is a copy of the complaint.  Crandell v Central Valley

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Posted in Civil Suit, Disciplinary Action, Discrimination, Municipal Liability, Open Meetings Laws, Politics, Wrongful termination

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No comments Posted by on April 11, 2013

Maryland Medic Loses Wrongful Termination Suit

A Maryland paramedic has lost his bid to have his termination overturned. Norris Phillip Donohoe Jr. was terminated from his employment for the Town of Berlin last year following allegations by two EMS coworkers of harassment.

Donohoe claims he has never been disciplined in 23 years with the Berlin Fire Company and that the allegations came as a shock to him.  He also alleges that the town of Berlin lacks the authority to discipline or fire him because he works for the fire company not the town.

To understand the legal landscape, Donohoe is an employee of the Berlin Fire Company. Under a 2009 agreement between the fire company and the town, fire company EMS personnel were leased to the town in order to make them eligible for state retirement and benefits.

The town claims the “lease” arrangement makes the paid EMS personnel subject to the same personnel policies as other town employees. Donohoe disagrees claiming that he reports to the president of the Berlin Fire Company and the fire chief. At issue appears to be the town’s anti-harassment policies and the authority of HR to investigate and discipline violations.

Donohoe was terminated last May, and filed suit last July naming Mayor Gee Williams, Berlin’s five council members, and Town Administrator Tony Carson. The situation became so tenuous that in August the town council voted to suspended all payments to the fire company

Yesterday, Worcester County Circuit Court Judge David B. Mitchell granted the town’s motion to dismiss the case. News reports indicate that the judge based his ruling on rather peculiar grounds: sovereign immunity.

Having not seen the ruling, I am at a loss to explain how sovereign immunity (normally raised as a defense in tort actions) would find its way into a wrongful termination case, let alone serve as an absolute defense. Most states have severely limited the application of sovereign immunity – with a number of states finding it to be unconstitutional. Furthermore, most wrongful termination cases are based on contract law – an area where sovereign immunity long ago ceased to be an issue.

Here is more on this ruling.

Donohoe’s attorney Robin Cockey is vowing to appeal.

Incidentally – if sovereign immunity applies to municipalities in Maryland for contract-based claims… why would anyone risk doing business with a municipality? With sovereign immunity applied to contracts a municipality would effectively be immune from having to pay the debts they incur. The thought of it is so bizarre – that there must be something else going on. If any of our Maryland friends have inside info – please fill us in.

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Posted in Disciplinary Action, EMS, Municipal Liability, Politics, Uncategorized, Volunteers, Wrongful termination

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No comments Posted by on March 14, 2013

Widow Alleges Non Line of Duty Asbestos Exposure Killed NY Firefighter

The widow of a retired firefighter has filed a second lawsuit over his death claiming it was related to exposure to asbestos. The kicker… she is claiming that the exposure occurred while he was working for a plumbing company, not as a firefighter.

Joseph Jaworski was a firefighter for 30 years for Amsterdam, New York before retiring in 1976. He also worked for A. Mormile Plumbing & Heating of Amsterdam.  Jaworski died in 2011 of mesothelioma, a type of cancer directly linked to asbestos. He was 83.

Jaworski’s widow, Josephine, filed the first suit back in 2011 naming more than 100 asbestos manufacturers and distributors as defendants. That suit was disposed of prior to trial, although the details are not known. The second suit was filed 2 weeks ago in state Supreme Court naming A. Mormile Plumbing & Heating. The suit alleges wrongful death, negligence and loss of consortium.

Part of the problem is that virtually all asbestos manufacturers and most potential targets of asbestos litigation have either gone out of business or been reorganized through bankruptcy.  In either event, relatively few can be held liable.

According to the Leader-Herald, one of the owners of A. Mormile, James Mormile, told reporters that Jaworski had to have worked for a predecessor of A. Mormile, which was created in 1985. That will likely be the company’s defense

More on the story.

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Posted in Civil Suit, Line of Duty, Negligence, Occupational Safety & Health, Workers Compensation, Wrongful termination

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No comments Posted by on March 11, 2013

Long Saga Ends In West Palm Beach

It would appear that the long saga of West Palm Beach Fire Captain Rick Curtis is finally at an end with a settlement announced today that will resolve all outstanding suits and complaints.

Captain Curtis has been featured here at Fire Law Blog on at least five occasions, the most recent being last month when the Florida Public Employee Relation’s Board denied his claim that his union failed to adequately represent him during his termination over an off-duty drunk driving incident.

During his DUI arrest, Captain Curtis was video taped directing an expletive filled tirade at police officers. That video was later made public, he was convicted of DUI, and terminated from the department.

However, Captain Curtis was able to get the conviction thrown out by proving that the judge in his case had an undisclosed relationship with firefighters’ union vice-president with whom he was at odds. Captain Curtis was then acquitted, and sought to be reinstated to the department.

West Palm Beach Mayor Jeri Muoio announced the settlement today which calls for the city to pay Captain Curtis $200,000 in exchange for him dropping all pending lawsuits and claims. According to Mayor Muoio, “He has dropped his claim to be reinstated as an employee and dropped all lawsuits and pending lawsuits.”

More on the story.

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Posted in Civil Suit, Disciplinary Action, Discrimination, Wrongful termination, You Can't Make This Stuff Up

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No comments Posted by on February 13, 2013

AWOL Firefighter Cost $350k and 8 Years to Fire

It took eight years, a total of forty days of testimony before an arbitrator, and cost taxpayers $350,000, but the termination of a Windsor, Ontario firefighter for being chronically AWOL has finally been upheld.

It is the kind of story that gives firefighters everywhere a black eye… It is exactly the kind of epic tale that the public loves because it confirms their worst fears about government mismanagement….  how we as public servants are the root cause of the current economic crisis… why pensions and benefits ought to be reduced… why “get tough” candidates get elected.

Kim Elliott was reportedly good at his job, but he had a serious and long term problem showing up when he was supposed to. By all accounts I have read the department went way beyond what any private employer would have tolerated – and what any public employer should have tolerated.

By the time he was terminated in 2004 he had repeatedly been warned, cautioned, and progressively disciplined… what else could a reasonable employer have done for the guy? He needed to go, he deserved to go and the department pulled the trigger. So how did his termination and subsequent arbitration drag on for eight years and cost $350,000?

I would like to see an explanation for that myself.

The news media seems content to dump the problem at the feet of Kim Elliott and his union.  But a guy fighting for his livelihood and a union doing its due diligence does not add up to eight years and $350,000. That is a system failure that goes beyond one man and one union. Blaming the firefighter and blaming the union may make some folks feel like the real problem has been exposed, but not in my mind.

And now that the arbitration has ended… will the litigation begin? Perhaps that is just the American way.

More on the story.

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Posted in Disciplinary Action, Labor Law, Politics, Wrongful termination, You Can't Make This Stuff Up

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3 comments Posted by on February 8, 2013

SC and MA YCMTSU Cases

Two employment related cases on the East Coast are in the headlines, and while we don’t have much in the way of details on either one they certainly appear to be YCMTSU cases worth following.

In Simpsonville, South Carolina, the former police chief who was fired after just 3 months on the job, filed a grievance to get his job back. What connection does that have to fire law? When the grievance was denied,  former Police Chief Keith Grounsell allegedly told the media that he was fired in part because he exposed an inappropriate relationship between the fire chief and his assistant police chief.

Coincidentally, Fire Chief Wesley Williams and Assistant Police Chief Colleen O’Neil had been suspended earlier this month, although the reason for the suspensions had not been publicly released.

Chief Grounsell and Chief O’Neil competed for the police chief’s job last year with Grounsell winning. The two have allegedly been butting heads since. Grounsell claims that after he disclosed the Williams-O’Neil relationship to the city administrator, Russell Hawse, Hawse “turned on him”.

Hawse countered that Grounsell’s “challenging of the mayor’s manhood and religion”, and “questioning of the intelligence of City Council members” played a bigger role in his decision to fire him. More on the story.

On Nantucket, a problem of another nature has prompted a firefighter to file suit against two of his co-workers, accusing them of slander, intentional infliction of severe emotional distress, and assault.

Firefighter Charles Kymer claims that firefighters Nate Barber and Sean Mitchell, falsely told police that he had photographed a young girl, procured her email address and distributed a picture of her to other firefighters following a surf incident last summer.

Kymer was cleared of wrongdoing in the case. He filed suit in Nantucket District Court.

More on that story.

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Posted in At will employment, Civil Suit, Criminal Law, Disciplinary Action, Municipal Liability, Politics, Wrongful termination, You Can't Make This Stuff Up

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No comments Posted by on January 23, 2013

Miami Beach Race Sex Discrimination Claim

The Miami Beach Fire Department’s settlement with a black firefighter recruit who claims he was harassed by white co-workers moved one step closer to resolution last week with the release of an investigation report.

Brian Gentles alleges that he was racially and sexually harassed in 2011 and early 2012. The allegations include being told “go back to Africa,” that a noose “would look good around your neck,” being called “n—–” and “faggot,” having a co-worker’s testicles placed on his face, and having a broomstick shoved up his buttocks.

Gentles claims that when he complained to superiors about the conduct he was terminated. That prompted a 15 page complaint to the EEOC demanding $5.3 million in damages, lost wages and attorney’s fees.

In September, the city offered to settle the case for $100,000 and a job offer for Gentles to work as an inspector. Gentles originally accepted the offer, but later appeared to renege on it, going so far as to threaten to go on a hunger strike in November to get his firefighter job back.

Last week, the city released the report of Steven Schwarzberg who was hired to investigate Gentles’ allegations. Schwarzberg interviewed more than 30 witnesses and wrote in his report that “So many people categorically denied the accusations made against them and others so as to call to question whether there was any factual basis for the charges.” His conclusion was that there was no evidence to substantiate any of Gentles’ allegations.

The Miami Herald quoted Gentles as saying that Schwarzberg was “paid by the city, so he’s really not independent.”

Gentles has until January 1, 2013 to start his job as an investigator. The New Times reported that the Miami Beach City Attorney’s office issued a statement saying  “Mr. Gentles has agreed to a settlement with the city and he needs to abide by it.”

More on the story.

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Discrimination, Municipal Liability, Sexual misconduct, Wrongful termination, You Can't Make This Stuff Up

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No comments Posted by on December 18, 2012

Asthmatic Massachusetts Firefighter Terminated

A Lawrence, Massachusetts firefighter who was denied a disability pension for an asthma condition, has been terminated.

Tim Atwood, 49, a Lawrence firefighter since 2004, was terminated last week. He has been out of work since January 11, 2012, when he claims that exposure to diesel exhaust in the station caused a relapse of his asthma. Last March his request for a disability pension was denied. He had been on unemployment since August when his vacation and sick leave ran out.

Lawrence Firefighters, IAFF Local 146 have filed grievances on Atwood’s behalf, seeking to have him reassigned as a dispatcher. The department offered him a civilian dispatcher position, but at less pay than a firefighter.

The crux of Atwood’s problem is that he left the military as a “disabled veteran” due to asthma in 1996. Atwood claim’s the city knew about his asthma when they hired him. In addition his doctor says his present condition is significantly worse than it was in 1996 when he left the military.

Dr. David Christiani, a pulmonologist, wrote  “Mr. Atwood’s asthma was hastened, aggravated and exacerbated to the point of disability as a result of occupational exposure to gas, dust, vapors and fumes, particles and other materials as an active firefighter. He is now disabled from his work as a firefighter because of this and this disability is permanent.”

Atwood has already filed with the EEOC alleging disability discrimination and the union is vowing to challenge the termination.

More on the story and a related question: To what extent should a firefighter candidate’s pre-existing medical condition be allowed to become a factor in their hiring (Note: at present a pre-existing medical condition cannot even be considered unless the candidate cannot perform the essential functions of the job… with or without reasonable accommodation…. sorry … just to be precise).  And as a follow up is it fair that the taxpayers get saddled with the associated costs?

 

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Posted in ADA, Disciplinary Action, Discrimination, Line of Duty, Occupational Safety & Health, Pensions, Wrongful termination

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2 comments Posted by on December 17, 2012

Eight Fresno County Firefighters File FLSA Suit

Eight part-time paid on call Fresno County firefighters who were terminated for refusing to sign a form stating that they were volunteers have filed suit in Federal Court alleging violations of the Fair Labor Standards Act, retaliatory termination, and violation of their First Amendment rights.

Rather than rewrite what is already a very good overview of the case, attorney Gary Goyette has graciously allowed me to quote from his blog post on the case.

GOYETTE & ASSOCIATES FILES SUIT AGAINST THE FRESNO COUNTY FIRE PROTECTION DISTRICT FOR EIGHT FIREFIGHTERS TERMINATED FOR NOT SIGNING A QUESTIONABLE FORM

After five months of early settlement efforts failed, Goyette & Associates has now filed a federal lawsuit against the Fresno County Fire Protection District for the District’s termination of eight Paid-Call Firefighters (or “PCFs”) for – – believe it or not – – these firefighters’ refusal to sign a letter declaring their (alleged) legal status as “volunteers” to the District. The lawsuit contains causes of action for retaliatory dismissal, for suppression of free speech, and for associated claims for minimum wages and overtime pay.

Joseph P. Goodman, James B. Mason, Gregory Conley, Nicholas Russell, Cameron Donnahoo, William Sander III, Sergio Valdez and Terry Valdez were all PCFs who had worked hard for the District as part-time firefighters for between three and twenty-three years, responding to emergency calls as part of the PCF staff which supplements the full-time Cal-Fire firefighter staff serving the District. All were surprised when the District’s Fire Chief, Keith Larkin, issued a letter in February demanding that all PCFs sign an attached form – – the ‘Volunteer Status Form’. All were surprised that the letter threatened termination if it was not signed. All were even more surprised that the attached form was a ‘declaration’ stating that the signatory understood they were serving as a “Volunteer” to the District. They were surprised because the District had never in the past told PCFs they were volunteers, and had never treated PCFs as volunteers.

When these eight PCFs questioned their supervisors and other commanders within the District, including Chief Larkin, about the basis for this ‘alleged’ volunteer status, they were not provided any information, factual or legal, supporting the idea that PCFs were “volunteers”. After obtaining advice from legal counsel that the District PCFs did not appear to satisfy the ‘legal test’ for volunteers, based on the pay received and on the numerous ‘controls’ exercised by the District over the PCFs, and after having a Department of Labor (DOL) investigator tell them the same, these eight PCFs decided they could not sign a letter definitively stating that they “understood” they served as “Volunteers” to the District. Due to this good faith concern, the District terminated each of these individuals on April 26, 2012.

Each of these PCFs then appealed their terminations. On June 19, 2012, the District rejected the appeals and upheld the terminations.

Goyette & Associates’ lead wage and hour attorney Gary G. Goyette was extremely surprised by the District’s actions: “It’s hard to believe the District really took these steps against these dedicated firefighters. Not only do the facts show that District PCFs are employees instead of volunteers, but even if there was any debate on this classification, the demand to sign the declaratory letter, and the subsequent terminations have nothing to do with such debate. An employee’s (or volunteer’s) opinion or declaration as to whether they are (or are not) a ‘volunteer’ plays no part in the ‘legal test’ for volunteers. Individuals are allowed to ‘volunteer’ to public agencies only if they are not paid for their services above a ‘nominal fee’, and/or if the work is truly voluntary – – meaning they cannot be required to perform the services or follow mandates from the employer. The District’s decision to demand the Volunteer Status Form be signed, and their decision to terminate the eight PCFs who believed signing this declaration was dishonest served no purpose, and were entirely unnecessary. The fact that these acts are prohibited under the law is why we have sued the District, hopefully to get these eight firefighters reinstated to their part-time employment with the District.”

In the meantime Mr. Goodman, Mr. Mason, Mr. Conley, Mr. Russell, Mr. Donnahoo, Mr. Sander III, Mr. Valdez and Mrs.Valdez continue to deal with the emotional toll of going from hard-working, part-time firefighters for the District, serving the Fresno County residents, to individuals prohibited from such work, labeled in an adverse manner which has affected, and continues to affect both their careers and home lives going forward.

 

Here is a copy of the complaint. Complaint-FINAL-11-29-12

No word on what possible justification the district could have had for seeking to change the employees’ status from employee to volunteer, or in the alternative asking them to execute a false document.

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Posted in Civil Suit, Disciplinary Action, Discrimination, First Amendment, FLSA, Labor Law, Municipal Liability, Politics, Volunteers, Wage and Hour, Wrongful termination

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4 comments Posted by on December 7, 2012

Fresno Fire Facing Discrimination Suit

The Fresno Fire Department is facing a race discrimination suit from a firefighter who is also the leading vote-getter in the election for city council in Tulare.

Carlton Jones claims he was wrongly suspended in 2009 when he was arrested for felony assault, and prevented from returning work for six months. He further alleges the department purposefully had his EMT license suspended, and that as a result even though he was found not-guilty of the charges, he had to defend himself before the EMS licensing board (Central California Emergency Medical Services Agency for Fresno).

Jones, who is African American, claims that white firefighters who were similarly situated were not disciplined the same way. He originally filed suit in Frenso County Superior Court in September, but the city removed the case to Federal court last week because the complaint alleges violations of Jones’s civil rights.

The complaint is an interesting read. Without getting into the merits of the case, I get a kick out of how many California attorneys tend to embellish and make what amounts to irrelevant arguments in their pleadings – something my father would never have allowed me to do as a young attorney. Consider these:

  • Plaintiff was shocked and appalled at the actions being taken against him, as Defendants had never even attempted to talk with him about the… charges, prior to taking actions against him
  • Plaintiff thought it would be only right that he be reimbursed for his lost accrued leave, etc., that he consumed in order to survive during the pendency of the dispute.
  • Amazingly, Defendants had the complete lack of fairness or ethics to grant Plaintiff’s request and refused to compensate him for that part of his loss.
  • Plaintiff was horrified and depressed by the way he was being trampled and dismissed by Defendants, and proceeded to file a complaint with the Equal Employment Opportunity Commission…

And then there is my favorite comment: “Through years of hard-work, proven skills, and a commitment to excellence, Plaintiff rose through the ranks at the Fresno Fire Department, ultimately reaching the title/position of Engineer.” Keep in mind Jones was hired in 2002, and suspended in 2009. Gotta love how lawyers can embellish…

 

Here is the original complaint.State Court Complaint

Here is the removal notice. Removal

More on the story.

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Posted in Civil Suit, Constitutional Rights, Criminal Law, Disciplinary Action, Discrimination, EMS, Wrongful termination

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1 comment Posted by on November 19, 2012

Vermont FD Settles Sexual Harassment Claim for $250k

The City of Barre, Vermont has reached a settlement with a former call firefighter who had alleged sexual harassment and wrongful termination. Firefighter Rachel Wyatt sued the city, Fire Chief Tim Bombardier, Deputy Chief Joe Aldsworth, Captain Robert Howrath and  firefighter Cindy Howrath claiming sexual harassment, hostile work environment, and wrongful termination. The case was filed in federal court in 2011.

Wyatt claims she was suspended in 2010 for failing to obtain her EMT license as required by department rules. She claims she was not given the full 18 months that she was originally told she had, and pointed to others in the department that did not obtain an EMT within the time requirements. She also claims that she had been subjected a sexually hostile work environment by other firefighters, particularly the Howarths.

According to court documents:

“The Howarths’ conduct included calling Plaintiff a “dumb blonde” and stating publicly their belief that Plaintiff was “just playing firefighter to find a husband.” Cindy Howarth frequently stared at Plaintiff in an intimidating and uncomfortable fashion. Cindy Howarth was also responsible for hiding and/or disposing of Plaintiff’s time sheets, her lunch, and on at least one occasion, her department issued firefighting gear. Captain Howarth refused to interact with Plaintiff altogether and would leave a lunch table if she sat down. ….Cindy Howarth filed a report that Plaintiff had engaged in inappropriate contact with a married male firefighter during a drill. The complaint was investigated and proven to be false, but Plaintiff found it degrading and humiliating. Cindy Howarth publicly posted demeaning statements about Plaintiff on Facebook, saying that “women like her give us real, women firefighters a bad name.” On one occasion, Captain Howarth stated, in the presence of others, that Plaintiff’s perfume was too strong and she would not be allowed to work unless she went home and showered.”

Wyatt complained to Chief Bombardier and Deputy Chief Aldsworth, but the treatment continued. Wyatt claims that in February, 2012, she was suspended from responding to runs until she obtained her EMT. At the time she had taken the class but needed to pass the examination. According to court documents:

“Deputy Chief Aldsworth met with Plaintiff during her suspension to help her study for the written EMT-B exam. Deputy Chief Aldsworth began to make unwelcomed sexual comments and advances towards her. Plaintiff reported Deputy Chief Aldsworth’s sexual harassment to Chief Bombardier on May 6, 2010. …

“[I]n July 2010, Plaintiff made an anonymous call to the State’s Emergency Medical Services expressing concern about an EMT colleague’s fitness for duty…. On August 31, 2010, Plaintiff met with Chief Bombardier and Deputy Chief Aldsworth about the anonymous phone call. When asked directly, Plaintiff denied making the call. In response to the denial, Plaintiff was suspended pending an investigation. As part of the investigation, Chief Bombardier obtained a copy of the recorded call and played it for four other firefighters, including Deputy Chief Aldsworth, to identify the voice on the call. Upon being satisfied that Plaintiff was the voice on the recorded call, Chief Bombardier fired Plaintiff for lying. Plaintiff alleges that the stated grounds were a pretext and the firing was actually retaliation for placing the call and for her previous reports of sexual harassment.”

The City agreed to pay $250,000 to settle the lawsuit. Under the agreement Wyatt was reinstated to her job and then voluntarily resigned.WCAX.COM Local Vermont News, Weather and Sports-

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Posted in Civil Suit, Disciplinary Action, Discrimination, Municipal Liability, Sexual Harassment, Wrongful termination

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No comments Posted by on November 1, 2012

Is Florida BC Dangerously Incompetent or the Victim of Discrimination

A Florida battalion chief who was terminated for, among other things, leaving a firefighting crew in the woods at the conclusion of a wildland fire, claims she is the victim of discrimination.

Estero Fire Rescue Battalion Chief Jeannine Horton was fired following an investigation report that cited nine separate instances of poor judgment. She had been with Estero for nine years, but has over 25 years of experience having served previously with the Largo Fire Department.

Chief Horton filed charges of discrimination in July 27, 2012 with the US EEOC, which according to her attorney, Benjamin Yormak, was the same day the department launched its investigation into her conduct. NBC-2.com WBBH News for Fort Myers, Cape Coral

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Posted in Constitutional Rights, Disciplinary Action, Discrimination, Wildland, Wrongful termination

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3 comments Posted by on October 25, 2012

Georgia FD Contemplates Settling Discrimination Claims

The city of Albany, Georgia will decide today whether to settle three separate lawsuits filed by former Assistant Chief Roderick Jolivette, who claims he was discriminated against.

Chief Jolivette’s case is complicated. In 2009 he was fired for allegedly ordering on-duty firefighters to clean up a relative’s flood damaged house. He was later reinstated but demoted to firefighter, and soon there after got into trouble again. Chief Jolivette was allegedly stopped for speeding and identified himself as a sheriff’s office employee. He was charged with impersonating a police officer, but those charges were later dropped.

The chief filed three lawsuits, Roderick Jolivette v. City of Albany and James Carswell (#1:10-CV-54 WLS, U.S. District Court); Roderick Jolivette v. City of Albany (#10-CV-3048-3, Dougherty Superior Court); and  Roderick Jolivette v. City of Albany and James Carswell (#1:10-CV-106 WLS, U.S. District Court); as well as a discrimination complaint with the EEOC.  

Under the terms of the proposed settlement, all three suits and the EEOC charge will be dismissed in exchange for the payment of $280,000. In addition, Chief Jolivette’s will submit his resignation from the department.WALB.com, Albany News, Weather, Sports

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Posted in Civil Suit, Constitutional Rights, Criminal Law, Disciplinary Action, Discrimination, Municipal Liability, Wrongful termination

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No comments Posted by on October 23, 2012

Texas Firefighter Settles With FD

A Texas firefighter who resigned after being disciplined for taking photos of dead bodies at an emergency scene has reached a settlement with his former employer that will allow him to keep his job. City of Irving agreed to reinstate firefighter William Barstow and pay him $160,000 in order to settle a suit claiming he was misled into resigning. 

Barstow was suspended for 30 days and faced termination for taking photos of dead bodies and sharing them with family and friends. He resigned, but then appealed his “termination” to the City Civil Service Commission. The commission ruled that since Barstow had resigned from his position, he could not appeal. Barstow then filed suit in the state district court.

In the suit Barstow alleged that Fire Chief Mario Molina did not follow civil service procedures in terminating him, and mislead him to believe that signing the resignation letter was the only way he could continue receiving health insurance and retirement benefits. The district court ruled in favor of Barlow and ordered a new civil service hearing. The City then appealed.

With the settlement the city agreed to withdraw the appeal and reinstate firefighter Barstow subject to   a 30-day suspension.  The city did not admit to any wrong doing and will not pay Barstow’s legal expenses.

More on the story.

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Posted in Civil Suit, Disciplinary Action, Labor Law, Municipal Liability, Pensions, Wrongful termination

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1 comment Posted by on October 19, 2012

Termination of Flight Medic Over Facebook Post Upheld

A Texas flight medic who was terminated for a Facebook post has lost her appeal.

Janis Roberts, a flight medic for Careflight, was terminated after she posted on the Facebook walls of two coworkers, paramedic Robert Sumien and helicopter pilot Scott Schoenhardt.

The exchange was explained by the court as follows:

Roberts was “friends” on the website Facebook.com with fellow CareFlite paramedic Robert Sumien and CareFlite helicopter pilot Scott Schoenhardt.  Roberts posted on the Facebook wall of Schoenhardt that she had transported a patient who needed restraining and that she wanted to slap the patient.

Sheila Calvert is a compliance officer with CareFlite.  Her sister, Delicia Haynes, is a CareFlite member.  Haynes saw Roberts’s wall posting and notified Calvert.  Calvert sent a message to Roberts through Facebook.  In her message, Calvert stated:

I just wanted to remind you that the public sees your posts.  People outside of CareFlite and outside of EMS.  In fact, my sister saw your post to Scott Schoenhardt where you stated you wanted to slap a patient[,] and she thought she wouldn’t want anyone such as that taking care of her and made the comment that maybe she didn’t want to renew her CareFlite membership.  People you don’t expect to see your posts do.  I’ll bet Scott has many friends in EMS[,] and all any of them would have to do is a screen shot and send it in to the state and you could be looking at a suspension of your EMS license and fines.  Believe me, I’m not trying to come down on you about this.  I’m trying to help you realize that people out there are losing their jobs and livelihood because of such posts[,] and I don’t want to see that happen to you.  If you don’t believe me, just google it or if you like I can send you some links to articles.  I hope you will consider removing that post.

Roberts responded with a message to Calvert that stated:

Yeah, whatever.  YOU weren’t there.  Whenever I have to have a firefighter ride in with me because of a patient’s attitude, and I fear for MY safety, I truly believe a patient needs an attitude adjustment.  Think about that the next time YOU correct someone!!

Calvert responded to Roberts, again with a message sent through Facebook’s messaging feature, stating:

I was trying to be nice about the situation and provide you a courteous reminder of the regulations in which you practice in the state and the public’s perception.  [Rule 157.36(b)(28) of the Texas Administrative Code[3]] states you cannot engage in activities which betray[] the public’s trust in EMS.  I believe your comment could have done that.  Additionally, CareFlite has policies against employees calling into question our honesty, integrity[,] or reputation.  I understand you had a difficult call and patient.  I’ve also had my share of those.  That information should not be broadcasted[,] however.  I can show you an article where a Kansas medic had his license suspended for 90 days, tons of legal bills, and had to bag groceries during that time because he posted a derogatory remark about his obese patient.  As far as me “thinking about that before I correct someone[,]” . . . I’m the Compliance Officer for CareFlite[,] and it’s my job.  We can have that conversation later and off [Facebook].

Roberts responded with a message stating, “[By the way], I didn’t slap the patient, I was not rude to the family OR the patient and the call went very smoothly, thank you for asking.”  Roberts did delete her comment from Schoenhardt’s wall.

Roberts later posted on her own Facebook wall, stating

Yes, I DO get upset on some calls when my patient goes off in the house and I have to have a firefighter ride in with me because I fear for MY own safety.  I think that is a valid excuse for wanting to use some sort of restraints.  Just saying!!

Sumien then posted a comment on this post, which stated, “Yeah like a boot to the head . . . . . . ;^) Seriously yeah restraints or actual HELP from PD instead of the norm.”

Roberts and Sumien were terminated and both filed separate suits alleging wrongful termination and violation of privacy. Roberts also made a claim that she was fired in retaliation for her reporting a coworker for misconduct.

The trial court granted summary judgment to Careflite in both cases, and the employees appealed to the Texas Court of Appeals for the Second District.

In the Robert’s case the Court of Appeals concluded:

Roberts makes no argument about why CareFlite’s review of Roberts’s messages to Calvert or of her comments on Schoenhardt wall—comments that could be viewed by third parties—constituted an intrusion upon Roberts’s seclusion, and she cites to no cases that would support such an argument

The Court of Appeals did not address the retaliation claim, and as it had in the Sumien case, upheld Roberts’ termination.

It is worth noting that as private sector employees, the First Amendment offers no protection to Roberts or Sumien. Municipal firefighters and paramedics who post on Facebook would likely have had some level of First Amendment protection on these facts.

In addition, while Roberts raised the National Labor Relations Board’s position that social media use between coworkers is a ”protected” activity, it does not appear that such an argument is viable in a non-union environment.

Here is a copy of the Roberts decision. Roberts v Careflite

Here is a copy of the Sumien decision. Sumien v Careflite

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Discrimination, EMS, First Amendment, Labor Law, Municipal Liability, Social Media, Wrongful termination

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2 comments Posted by on October 11, 2012

DC Prevails in Discrimination Suit

A decision handed down today in US District Court for the District of Columbia is not going make the Rubin-haters in DC very happy, but its another ruling in favor of former Fire Chief Dennis Rubin.

The case involved the termination of a Black female fire captain, Vanessa Coleman, who alleged race and gender discrimination, along with violations of her First Amendment Rights and violation of DC’s Whistleblower law.  It is a complex case with the Plaintiff pointing fingers at virtually everyone in the organization: her immediate superiors, her immediate subordinates, the fire chief, an assistant chief, and the district’s legal counsel.

Rather than paraphrase what allegedly transpired, let’s use the court’s own words (quoted in italics below) to explain the case.

I would encourage folks who are genuinely concerned with understanding what a modern fire chief has to contend with these days, to read the entire 38 page decision. It is easy to see why some fire chiefs might find an excuse not to try to address these kinds of complex employee problems – when at the end of the day you have to defend yourself in Federal court.

Plaintiff, an African-American female, was a captain in FEMS on March 12, 2008 when a fire broke out in a high-rise apartment building in the Mt. Pleasant neighborhood of Washington, D.C…The fire was one of the “largest in the Department’s recent history, and drew a great deal of attention and criticism from the public.” … The fire was apparently not adequately controlled by FEMS, and led to a total loss of the building as well as damage to a neighboring church.

An internal FEMS dispute over plaintiff’s role at the scene of the fire triggered the main events leading to this litigation… Plaintiff claims that upon arrival at the scene, she began a check of the basement as required by the department’s standard operating guidelines before being interrupted by the operations commander at the scene, Battalion Fire Chief (BFC) John Lee, who diverted her away from the basement and towards the third floor…

In the months following the fire, FEMS began investigating the failure. Plaintiff filed a series of memoranda to superiors, providing her side of the story, contesting her innocence of misconduct, explaining that John Lee’s tactical error had caused the failure to control the fire, and requesting a formal investigation into the events…

Plaintiff also aired some of these grievances publicly, through a “personal journal” posted on a blog, and a phone interview that aired on a radio station…

On April 17, BFC John Lee cited the plaintiff for violating Article VII, Section 2 of the D.C. Fire and EMS Order Book for violating the Standard Operating Guide and “fail[ing] to ensure that the basement check was completed…

On May 19, plaintiff’s challenge was heard by BFC James Kane. … Kane found plaintiff guilty and recommended a 24-hour suspension…

 Plaintiff reacted to all this by filing a series of memoranda and appeals in June and July contesting her innocence, complaining that the hearing before Kane was procedurally defective, and seeking reversal. … Several of these memos contained unusual language. In one, plaintiff purported to cite a superior, claiming that he “ha[d] orchestrated a behavior of mutiny” and referred to a “conspiracy against her.” …

Another complained that a “pursuit to diabolically cripple [her] professional career” had “become the primary agenda of [her] chief officials.” … The volume of these memoranda peaked when plaintiff filed six memoranda directed to a single officer (Chief Rubin) in the course of the single day – behavior which plaintiff acknowledges “a supervisor could perhaps find . . . out of the ordinary.” … Fire Chief Rubin affirmed Kane’s decision and the 24-hour suspension as penalty. …

(more…)

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Discrimination, First Amendment, Municipal Liability, Sexual Harassment, Wrongful termination, You Can't Make This Stuff Up

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9 comments Posted by on September 28, 2012

Welsh Medic Terminated for Slapping a Patient

Sometimes its good to look at cases from other countries so we understand that the headlines we see here in the US are not representative of a uniquely American problem. Its really a function of human nature and the nature of the job, both of which cross not only state lines but national boundaries as well.

In Wales, an employment tribunal has upheld the termination of paramedic Gareth Lewis for slapping an elderly female patient who had a history of mental illness. The incident occurred in July of 2011 and Lewis, a former RAF medic, was terminated by the Welsh Ambulance service last October.

At a hearing before an employment tribunal earlier this month, Lewis claimed he was merely trying to assess her level of consciousness after she passed out, and simply tapped her face three times.

However, Lewis’s partner, Nancy Holmwood, who was in the room next door talking with the patient’s daughters, reported that she heard slaps. That was confirmed by the daughters and by the victim who testified that she awoke for the final slap which she called “an almighty slap”.

As part of Lewis’s defense, he alleged that Holmwood was out to get him because he opposed a children’s party being held in the ambulance station. He also claims he was targeted by his superiors in the Welsh Ambulance Service because he raised health and safety concerns in the past.

Employment judge Roger Harper issued a unanimous ruling for the tribunal in upholding Lewis’s termination for gross misconduct.

The case had been referred to the police for investigation, as well as the Protection of Vulnerable Adults Panel, but neither entity found cause to take action.

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Posted in Criminal Law, Disciplinary Action, EMS, International, Wrongful termination

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No comments Posted by on September 22, 2012

Jury Finds Virginia Firefighter Not Forced to Resign

A Virginia firefighter has lost his bid to get his job back and collect back pay. Bristol firefighter Robert Taylor resigned from the department back in 2011 following allegations that he was working while on extended sick leave following knee surgery.

Taylor claims his resignation was not voluntary and his decision to rescind the resignation less than an hour after he submitted it should have been honored by the department.

Taylor testified that at a meeting with the fire chief on July 26, 2011, he was “dazed and confused”, believing if he did not resign he would be “blacklisted”. He also characterized the meeting as an ambush.

After consulting with union and legal advisors, he sought to rescind the resignation, and sought the opportunity to grieve his termination. Those requests were denied prompting Taylor to file suit in the Virginia Circuit Court for Bristol claiming the denials were a violation of his due process rights.

The case was removed to Federal court, where yesterday a jury concluded that Taylor’s due process rights had not been violated, nor had he been forced to resign. The verdict took just 20 minutes of deliberation.

Here is a copy of the complaint. Taylor v Bristol

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Municipal Liability, Wrongful termination

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No comments Posted by on September 6, 2012

Texas Firefighter Prevails in Court of Appeals

A Texas firefighter accused of bringing a female into the fire station and acting inappropriately has been ordered to be reinstated by Thirteenth Court of Appeals of Texas.

Alejandro Gonzalez was terminated (“indefinitely suspended” in Texas parlance) by the Mission Fire Department in April 2010. The incident allegedly occurred on February 18, 2010, and according to The Monitor, Gonzalez was disciplined for allowing a woman into restricted areas of the station after hours and engaging in “inappropriate behavior”.

Gonzales contested the discipline, and following an evidentiary hearing an arbitrator ruled that he should be reinstated, concluding that eye witness testimony from a female co-worker who claimed to have observed “a  woman wearing only a T-Shirt and panties bouncing up and down on Gonzalez’s lap” to be not credible. He was given a 10 day suspension for permitting a female in the station after hours.

The city initially appealed the reinstatement order to District Court arguing the arbitrator exceeding his authority. The District Court upheld the arbitrator’s decision in December 2010, and the city appealed to the 13th Court of Appeals.  The Appeals Court agreed with the arbitrator and the District Court that Gonzales should be reinstated with a 10 day suspension.

The city’s only recourse now is to appeal to the Texas Supreme Court.

More on the story.

In the Fire Department Administrative Investigations and Enforcing Discipline program we discuss the importance of a hearing officer making written factual determinations, including assessing the credibility of witnesses. Such a practice is often viewed as going against the “less in more” philosophy (ie. the more you put in the easier it is for an appellate court to pick it apart – so always put in the least amount possible). The “less is more” philosophy is old-school.

The truth is, a well-reasoned written decision that incorporates factual determinations, the weight that certain evidence carries, and the credibility of witnesses, truly can “appeal-proof” a decision from being overturned. This case would certainly seem to be one where the arbitrator’s decision has withstood the scrutiny of two courts.

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Posted in Disciplinary Action, Sexual misconduct, Wrongful termination

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No comments Posted by on September 1, 2012

Clinton EMS Overbilling Case Is Now A Legal Malpractice Case

Some light has been shed on the inner details of the nasty battle in the Clinton, Iowa Fire Department over the EMS overbilling allegations that led to a $4.5 million fraud settlement, the fire chief being dismissed then reinstated, and a legal malpractice suit being filed against the city’s attorneys.

At least as outlined in the malpractice lawsuit, the lion’s share of the blame for what occurred falls upon the attorneys who supposedly investigated the overbilling allegations, concluded the city’s liability was in excess of $100 million, and recommended the city settle the case by paying $4.5 million back to the US government.

Upon further investigation, it appears that the fire department did not commit fraud, and that the mistakes that occurred (if any) were within the realm of normal, creating a maximum potential liability of just over $100,000.

Recall that Fire Chief Mark Regenwether and EMS director Andrew McGovern were blamed for the overbilling problem and fired back in 2010. Both were later reinstated with backpay. The details of the case help to explain what happened and why they were initially made out to be scapegoats.

The Clinton Herald published an excellent overview of what occurred, but essentially:

  • On September 19, 2008, Clinton firefighter Timothy Schultheis filed a Federal False Claims Act suit alleging Medicare fraud in Clinton’s EMS billing practices. He claimed BLS runs were being billed at ALS rates. The suit was sealed by a Federal Court as the matter was investigated.
  • On September 10, 2009, the United States chose not to intervene in suit and the suit became public on September 19, 2009.
  • Facing the suit, the city hired the law firm of Hopkins and Heubner PC to defend it; they investigated, concluded city had major liability exposure potentially exceeding $100 million, and advised the city to settle the case. Critical to that decision was that 95% of Clinton’s runs were billed as ALS while the national average was 60%.
  • On September 22, 2010 the Schultheis case was settled with an agreement to pay $4.5 million to the US, 30% of which would go to Schultheis.
  • In October 2010 Chiefs Regenwether and McGovern were fired.
  • In December 2010 Chiefs Regenwether and McGovern were reinstated as it appeared the settlement was based on flawed information. Further researched revealed that after new “Medicare approved” billing practices were instituted the ALS-BLS split was 86 percent ALS and 14 percent BLS, and at most created a liability of $108,000.
  • In March 2012 – the city of Clinton filed a lawsuit against Hopkins & Heubner for malpractice, alleging “It was negligent for defendants to have reasonably believed that any court or jury actually would have penalized the city in the amount of $10,000 to $15,000 [per run] for an inadvertent $45 [per run] overcharge to Medicare.” 

Here is a copy of the malpractice suit. City of Clinton v

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Posted in Civil Suit, Disciplinary Action, EMS, Municipal Liability, Negligence, Politics, Wrongful termination

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No comments Posted by on August 20, 2012

Topeka Deputy Chief Seeks $1.3 Million for Sex Discrimination

A deputy chief who was laid off in 2010 and filed a $1.3 million claim with the city of Topeka last year alleging sex discrimination, has moved her allegations forward by filing suit in Federal court against both the city and IAFF Local 83, Topeka Firefighters.

Kathy Petty was one of Topeka’s first female firefighters, and the first to reach the rank of deputy chief. She had been in the cross-hairs of the union, with 86% of the rank and file having expressed their dissatisfaction with her performance in a 2006 poll.

Her position was eliminated in February, 2010. The city claims the position was eliminated to save money, but Chief Petty disputes that fact. She also claims she was fully qualified for three openings (deputy chief in October 2010, training officer in July 2011 and deputy chief in November 2011) and despite being on the recall list she was passed over.

The suit seeks punitive damages against Local 83 and alleges that the “decision to not re-hire and to not consider her requests for re-employment were retaliatory for Petty’s Charges alleging sex discrimination, and were motivated by the City’s and Local 83’s preference for male employees in the TFD.”

The complaint includes the following allegations:

  • At all times pertinent hereto Local 83 dominated and controlled the City’s Human Resources Department and the City’s management in decisions regarding personnel within the City’s Fire Department
  • Local 83 and the TFD are now, and have always been, dominated and controlled by males.
  • Upon Petty’s promotion to Deputy Chief, some firefighters began to treat her negatively, including a male who for the purposes of this First Amended Complaint will be identified solely as “TC”.
  • Petty was treated differently because she “was a female and was ultimately [TC’s] boss and that did not sit well with him.”
  • In or about the summer of 2008, the word “SLUT” was written in large letters in chalk on the sidewalk in front of Petty’s house.
  • In or about the summer of 2008, Sergeant Tom Glor with the City’s Police Department called Petty and informed her that someone on Petty’s street was keeping track of her and monitoring her arrivals and departures from her home.
  • Petty believed the person monitoring her behavior was TC, and Sergeant Glor confirmed Petty’s belief.
  • TC monitored Petty in an effort to uncover behavior that would result in Petty’s termination because he did not want to report to a female.
  • Petty believes Local 83 supported these efforts by TC, and similar efforts by others, because Plaintiff was female.
  • On one occasion, TC called council members and Chief Giles to report that Petty was off duty and not on vacation leave time.
  • Shortly after Petty’s termination, she went to Local 83 for assistance in pursing her wrongful termination.
  • Local 83 initially voted to support Petty but later tabled the motion and asked Petty to come before the union for a question and answer session.
  • On May 20, 2010, three weeks after the question and answer session, Petty received a letter from Local 83’s attorney stating that the union voted not to support Petty.
  • Local 83’s decision to not support Petty was a departure from its historic position of supporting male members.
  • Local 83’s decisions were based on Petty’s gender and were made in an effort to aid, abet, incite, compel and/or coerce the City’s discrimination and retaliation.
  • Throughout Petty’s employment with the TFD, she had been told numerous times that it was “too bad” she was not male.

Here is a copy of the complaint. Petty v Topeka

More on the story.

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Posted in Civil Suit, Discrimination, Labor Law, Municipal Liability, Politics, Wrongful termination

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2 comments Posted by on July 25, 2012

Stockton Chief Alleges Religious Discrimination

Some cases never seem to go away. There always seems to be one more filing, one more twist. That is the case with fired Stockton, California Fire Chief Ron Hittle. Back in early 2011 he was suspended based on his attendance at a Christian leadership training conference in 2010.

Believing his days were numbered, Chief Hittle filed a pre-emptive suit to challenge the city’s ability to fire him. He claimed that a recent city charter change making the fire chief an at-will employee did not apply to him, and that he was subject only to the old charter. The suit did not stop the city from moving forward with firing him, and in the end the court sided with the city.

Chief Hittle is back in the news today for filing a wrongful termination suit against the city and his former bosses, City Manager Bob Deis and Deputy City Manager Laurie Montes. He alleges he was discriminated against on account of his religion, in violation of state and Federal law. Suit was filed in Federal District Court for the Eastern District of California back in March, but just reached the notice of the media.

The city’s stated reasons for firing the Chief were:

  • He and three of his deputies attended a Christian-affiliated leadership conference while on-duty, violating regulations that prohibit personnel from attending religiously themed events at taxpayer expense.

Note: Chief Hittle counters that he and the deputies paid for the conference themselves, and that he attended the conference only after being told by Deputy City Manager Montes that he needed attend a training seminar to improve his leadership skills. His lawyer argued “He was encouraged to go to a leadership conference, and this is the one he picked… The city can’t unlawfully terminate him because they don’t like the one he chose.”

  • He was too friendly with the union’s leadership and was not hard enough discipline-wise.
  • He failed to disclose that he co-owned a vacation cabin with Fire Marshal Matt Duaime and Captain Dave Macedo, president of the Stockton Professional Firefighters, IAFF Local 456.
  • He failed to disclose his business relationship with a city-paid consultant

The case has become complicated even further due to Stockton’s financial situation. Stockton is contemplating filing for bankruptcy protection. The exact impact of a bankruptcy filing is hard to predict. Some types of debts are non-dischargeable in bankruptcy. In addition, even if the case against Stockton is placed on hold due to a bankruptcy proceeding, Chief Hittle’s case against Deis and Montes personally could proceed.

Here is Chief Hittle’s complaint. Hittle v Stockton

More on the story.

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Posted in At will employment, Civil Suit, Constitutional Rights, Disciplinary Action, Discrimination, Ethics, Municipal Liability, Politics, Wrongful termination

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2 comments Posted by on June 15, 2012

Yet another lawsuit is filed against Manville Fire District | The Valley Breeze

Yet another lawsuit is filed against Manville Fire District | The Valley Breeze.

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Posted in Civil Suit, Constitutional Rights, Criminal Law, Disciplinary Action, Discrimination, Ethics, Municipal Liability, Negligence, Open Meetings Laws, Politics, Wrongful termination, You Can't Make This Stuff Up

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No comments Posted by on June 8, 2012