Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
An Idaho firefighter has filed a claim for $1 million against her department alleging that the department’s failure to stop a captain (ex-boyfriend) from harassing her constitutes her own constructive termination.
Katie Loper filed a 13 page claim with the Sagle Fire District last Wednesday alleging that the district failed to properly address misconduct and harassment by Captain Jason Cordle. The claim is a prerequisite in Idaho before a tort lawsuit can be filed against a governmental entity.
Loper claims that she and Captain Cordle dated on and off between 2008 and 2011, but she claims he misled her about his marital status. She ended the relationship in 2011 upon learning he was still married, prompting the harassment.
According to the claim, Captain Cordle subjected Loper to demeaning conduct in front of other firefighters, attempted to break into her mother’s house, used fire department equipment to pick the lock of her room at the fire station, and sent hostile text messages. Loper reported the misconduct and also had to seek counseling for the abuse.
Fire Chief Robert Webber initiated an investigation and ordered sexual harassment training to be provided to all personnel. However, according to the claim, the harassment continued.
The district “sacked” Captain Cordle in 2011, but a grievance filed on his behalf by the union resulted in an arbitrator ordering him reinstated to his former rank and position in 2012. The district then implemented a plan to ensure a harassment free workplace, but according to Loper’s claim the plan was nothing more than hoping Captain Cordle would remain on his best behavior.
According to the claim, the district’s failure to address the harassment constituted a constructive termination. “Claimant has been constructively discharged from her position of employment with Respondent, as working conditions have become so intolerable that any reasonable person in Claimant’s position would feel compelled to resign.”
Loper’s claim alleges the district’s failure to stop the harassment and misconduct constituted negligence and wrongful termination. She also alleges defamation.
