Disciplinary Action

Second Circuit Upholds FDNY Vaccine Mandate From Due Process Claims

The Second Circuit has upheld the suspension without pay, and in some cases the dismissal, of some 86 FDNY firefighters who refused to comply with the city’s vaccine mandate in 2021. The firefighters alleged that the city’s failure to bargain over the vaccine mandate, coupled with the failure to comply with the city’s normal disciplinary requirements, constituted a violation of their due process rights.

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Fired Colorado Fire Officer Claims Disability Discrimination

A Colorado fire lieutenant who was terminated for failing to comply with requirements associated with his return to duty following a DUI, has filed suit alleging disability discrimination and retaliation. Anthony Falbo filed suit in federal court naming the Poudre Fire Authority and the Poudre Valley Fire Protection District as defendants.

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Appeals Court Upholds Termination of WV Fire Lieutenant

A West Virginia fire lieutenant who was terminated after a series of off-duty altercations, has lost his appeal before the Intermediate Court of Appeals. Nicholas Graley was terminated by the City of South Charleston in 2020 following three separate incidents, each of which resulted in his arrest.

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Florida District Chief’s Wrongful Termination Suit Facing Dismissal

A Florida district chief who was terminated in 2022, has been given one final opportunity to refile an amended complaint before his wrongful termination suit is dismissed. Palm Beach County District Chief Christopher DeVito claims he was wrongfully terminated ostensibly over a risqué texting relationship he had with a subordinate.

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Houston Firefighter-Dispatcher Challenges No-Beard Rule on Religious Grounds

A Houston firefighter assigned to the dispatch center as a Senior Communications Captain has filed suit claiming the city has failed to accommodate his sincerely held religious beliefs by requiring him to remain clean-shaven. Brandon E. O’Neal filed suit today in federal court naming the city, the Houston Fire Department and Fire Chief Samuel Pena as defendants.

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Terminated California Fire Chief Sues City

A California fire chief who was terminated in October following a vote of no-confidence by the firefighters’ union, has filed suit alleging ethnicity and age discrimination. Chief Angel Montoya filed suit in Contra Costa County Superior Court naming the City of Richmond as the sole named defendant.

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Indiana Firefighter Charged With Impersonating A Police Officer

An Indiana firefighter who claims he stopped to assist a motorist whose vehicle was damaged, has been charged with four felonies after he reportedly pointed a gun at the driver after being informed by dispatch the man was “wanted” and could be armed. Yorktown firefighter Derek J. Rains is charged of criminal confinement, criminal recklessness, pointing a firearm, and impersonation of a law enforcement officer.

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South Carolina Fire Chief’s Overtime Prompts State Police Investigation

A South Carolina fire chief who resigned two weeks ago, is now facing a state police investigation into his claiming $42,000 worth of overtime since July of 2022. David Watson resigned as fire chief for the Town of Wagener on October 19, 2023 after being confronted with the allegations by Mayor Michael Miller and Mayor Pro Tem George Smith.

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