At will employment

Michigan Fire Chief Challenges Termination

The former fire chief for Kalamazoo Township, Michigan has filed suit against the township and its manager claiming that his termination last year was improper and violated his due process rights. Fire Chief David J. Obreiter was terminated September 14, 2022, approximately one-month after a pre-determination hearing was held before Township Manager Dexter A. Mitchell.

Arizona Firefighter Claims Termination Related to Union Activities

An Arizona firefighter who was terminated last November, has filed suit claiming the city’s stated reason for firing him was a pretext to retaliate against him for his union activities. Shannon Glynn filed suit against the City of El Mirage and its fire chief alleging violations of the Arizona Employment Protection Act, the Arizona Public Safety Employees Act, the FLSA, and his Constitutional rights.

Supreme Court Refuses to Hear Appeal of Transgendered Fire Chief

The US Supreme Court has refused to consider the appeal of a transgendered fire chief from Georgia, leaving in place a ruling by the 11th Circuit Court of Appeals in favor of the city. Fire Chief Rachel Mosby was fired by the City of Byron shortly after she revealed that despite being born a male she identified as a female.

Massachusetts Chief Loses First Amendment Suit

A lawsuit filed by a former Massachusetts fire chief who was terminated in 2019, has been dismissed by the US District Court for the District of Massachusetts. Ernest J. Cardillo, Jr., was terminated by the Town of Stockbridge on February 5, 2019.

Terminated Female Firefighters Win One, Lose One

Two cases decided last week involved similar fact patterns where probationary female firefighters were let go at the end of their probationary period, with different results. In Ohio, Sierra Adebisi was fired by the Toledo Fire Department on what was supposed to be her graduation day, August 23, 2019.

Ohio Court Upholds Termination of Firefighter

Ohio’s Third Appellate District Court of Appeals rejected the appeal of a firefighter who was terminated for failing to pass the National Registry of Emergency Medical Technicians during his probationary period. Mark Evans filed suit against Shawnee Township in 2019, alleging breach of contract, and wrongful discharge

California Court Dismisses Firefighter’s Suit Concluding Public Employment is Not Based On Contract

A lawsuit filed by a former probationary firefighter with the San Diego Fire Department who was terminated in 2014, has been tossed by the California Court of Appeals. Josh McCauley claims the fire department breached his employment contract by terminating his employment during his probationary period without sufficient justification.

California Fire Chief Sues for Wrongful Termination

A California fire chief who was terminated last year has filed suit alleging wrongful termination and an assortment of employment related counts. Larry Whithorn, who was promoted to fire chief in West Covina in December, 2014, was terminated by the city on April 22, 2019.

Cal Fire Local Sues To Ensure Seasonal Firefighters Are Protected by the Firefighter Procedural Bill of Rights

CAL FIRE Local 2881 has filed suit against the California State Personnel Board and the California Department of Forestry and Fire Protection challenging their refusal to provide seasonal firefighters with the protections of California Firefighters Procedural Bill of Rights Act.

SC Captain Terminated for BLM Post Can Allege Race Discrimination But Not 1st Amendment

A magistrate judge has recommended the dismissal of the First Amendment claims of a white Columbia fire captain who threatened on Facebook to run over Black Lives Matter protestors. However, he also recommended that the Captain be allowed to make his case to a jury that his termination constituted race discrimination.

At Will, Due Process and Just Cause

Today’s burning question: Does Loudermill apply in states that are “at-will”? Our city administrator said a prominent HR attorney told her that due process, progressive discipline, and a Loudermill hearing process does not have to be followed in our state because we are “at-will”. Answer: There is alot of confusion over this issue and well-intentioned attorneys who oversimplify the complexity of the law are not necessarily helpful.

Fired Washington Chief Sues for $1.4 Million

A Washington fire chief who was terminated following a vote of no-confidence by the firefighters’ union, has filed suit claiming breach of contract and violation of his due process rights. Fire Chief David Bathke was fired by the City of Ocean Shores in January

Fired Maine Chief Sues Seeking Reinstatement

A fire chief who was terminated after bringing complaints about the town manager to a town selectman has filed suit challenging his dismissal. Former Ogunquit fire chief Mark O’Brien filed suit in York County Superior Court challenging his termination by Town Manager Patricia Finnigan

Ohio Chief Appeals Dismissal

An Ohio fire chief who was fired two weeks ago has filed suit to appeal his termination. Fire Chief Porter “Chip” Welch filed suit today asking the Pickaway County Common Pleas Court to reverse his removal from the Scioto Township Fire Department. Chief Welch was terminated by the township’s trustees on August 16, 2018.

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