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Texas Court Rejects District Chief’s Appeal
A former district chief with the Beaumont Fire Department who was fired while on disability, has lost the appeal of the dismissal of his lawsuit. Chief Billy Fratus filed suit in 2017 accusing the department of discriminating against him on account of his Hispanic ancestry and for speaking out against harassment in the workplace.
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Local Fire Marshal Shuts Down Road Construction
Today’s burning question: I am the local fire district’s fire marshal and a contractor just erected signage indicating they plan to shut down a key road for construction that will result in a 10-mile detour for our fire apparatus. If this constitutes an unreasonable hazard in the event of a fire, can I issue an emergency stop work order? Answer: That is exactly what a fire marshal in Oregon did earlier this month.
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Polk County and SnapChatting Captain Sued Over Fatal Fire
The family of a man killed in a house fire has filed suit against Polk County Fire Rescue and a former captain who was at the center of a subsequent YCMTSU incident. The fire on October 11, 2017 claimed the life of Edward McLaughlin, 78. Six other occupants escaped the early morning blaze.
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Georgia Firefighter Settles PTSD Suit for $250k
Forsyth County, Georgia has agreed to settle a lawsuit filed by a former firefighter who was prevented from returning to duty after taking stress-related medical leave because he was deemed to be a “safety-risk.” The settlement awards Timothy Smallwood $250,000 and resolves a federal lawsuit alleging a violation of ADA.
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Ohio Jury Returns Split Verdict in Toledo Sex Discrimination Case
An Ohio jury ruled today that one of two female Toledo firefighters involved in a lawsuit that stretches back over a decade, was discriminated against. The suit dates back to 2005, when Carla Stachura, Judi Imhoff and Geraldine McCalland, filed suit claiming they were subjected to gender discrimination, a hostile work environment, and retaliation.
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Red Light Collision Caused By Responding Volunteer Results in $4.6 Million Settlement
A New Jersey woman who suffered catastrophic injures when her vehicle was struck by a car driven by a volunteer firefighter responding to an alarm will receive a settlement of $4.6 million. Melinda Baker suffered fourteen fractures to her legs, neck, arms and ribs requiring multiple surgeries.
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Suit Claims FDNY Blamed Boiler for Movie Set LODD Fire To Protect Hollywood
An FDNY fire marshal who was removed from an investigation into the cause of a fire on the set of a Bruce Willis movie that killed a firefighter, has filed suit against the city and two of his bosses. Scott P. Specht filed suit last month naming the city, Chief Fire Marshal Thomas Kane, and Assistant CFM John David Lynn.
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City Suspends Assistant Chief For Outrageous Remarks
An assistant chief with the Mount Vernon (NY) Fire Department has been suspended after a profanity-laden audio recording of him speaking with a fire lieutenant surfaced. Al-Farid Salahuddin was suspended without pay, and Mayor Andre Wallace was quoted by News 12 as saying he was “disgusted” after listening to it.
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Today’s Burning Question: Am I being Cheated Out of Overtime?
Today’s burning question: My department pays us on a 14-day cycle. However, we work a 53-hour work week. For some reason, our department does not pay us overtime until we reach the 106-hour mark in the 2-week period. If we are on a 53-hour work week, why are we not paid overtime after we reach 53-hours in the week.
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Fire Law Headlines: Idaho, New York, and Nebraska
Several cases are in the fire law news today. In Idaho, an assistant chief who was fired last April has filed suit in federal court claiming his termination violated his due process rights, was made in bad faith, and was done in retaliation for his speaking out about governmental improprieties.
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Burning Question on What To Do If A Subordinate or Coworker Sues
Today’s burning question: One of my subordinates filed a sex discrimination lawsuit against the fire department, the fire chief, the deputy chief and 75 John Does. Many members don’t want to work with her and are concerned about being formally named in the lawsuit. Can the city put her on paid leave pending the results of an investigation? Is there any case law that you can think of off the top of your head?
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Eleventh Circuit Denies Chief’s Race Discrimination Claim
The 11th Circuit has denied the appeal of a Georgia fire chief who claims his application to become the fire chief of the City of Americus was rejected on account of his race and because he previously sued his former employer for race discrimination.
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