FMLA

Judge Abruptly Dismisses Suit Against FDNY

A lawsuit filed by a former FDNY electrician accusing the city of discrimination and retaliation has been dismissed, accompanied by a blistering decision by the trial judge. Edward Pitre filed the action in 2018 alleging race discrimination, retaliation, and a violation of the Family and Medical Leave Act.

Georgia Deputy Chief Claims Termination Violates FMLA and Disability Laws

A deputy chief in Georgia who was terminated in July, 2023, has filed suit claiming violations of the Family Medical Leave Act, disability discrimination, and retaliation. Deputy Chief Eric Phillips filed suit against Douglas County and the Douglas County Fire/EMS Department.

Indiana Firefighter’s Discrimination and Retaliation Claims Rejected

An Indiana firefighter who was demoted for disobeying orders related to rumor-spreading about a subordinate’s sexual preferences, has lost his lawsuit alleging discrimination and retaliation due to his race, disability, age and use of FMLA leave. Brad Collier brought the action against the City of New Albany.

Court Upholds Termination of Florida Lieutenant

A Florida fire lieutenant who was demoted for insubordination, and then terminated when he refused to accept the demotion, has lost his federal court lawsuit to get his job back. Lt. Christopher Chandler claims Walton County Fire Rescue violated the FMLA when it demoted him, and violated the FMLA and Florida disability discrimination laws when it terminated him.

Illinois Chief Challenges Termination As Violating ADA and FMLA

An Illinois fire chief who was terminated in 2021 has filed suit claiming the fire district violated the Americans with Disabilities Act and the Family Medical Leave Act. John R. Nixon served as fire chief for the Fox River and Countryside Fire Rescue District from 2016 til his dismissal on August 23, 2021.

Miami-Dade Fire Prevails in FMLA Suit

A lawsuit filed by a former human resource manager at Miami-Dade Fire Rescue claiming her rights under the Family Medical Leave Act had been violated, has been decided in favor of the fire department. The rather complicated fact pattern shows how important it is that fire service leaders understand and comply with the FMLA.

Kentucky Medic Alleges Harassment and Retaliation

A Kentucky medic has filed suit claiming she was forced to resign after she complained about sexual harassment, and that the fire department violated the Americans With Disabilities Act and the Family Medical Leave Act. Jamie Keith filed suit against Pleasure Ridge Park Fire Department.

SF Fire Department Paramedic Alleges Gender, Pregnancy and Lactation Discrimination

A paramedic captain with the San Francisco Fire Department has filed an 18-count complaint in federal court alleging an assortment of gender, pregnancy, and lactation-based claims. Sarah Perata filed suit last week in US District Court for the Northern District of California.

NY Firefighter Sues Alleging FMLA Violation and Retaliation

A firefighter in Olean, New York has filed suit claiming he was discriminated and retaliated against for having taken leave for the birth of his son. Justin Melfi filed suit in US District Court for the Western District of New York on January 8, 2021 naming the City of Olean, Mayor William Aiello and Chief Tim Richardson.

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.

Burning Question on Cellphone and Social Media Privacy

Today’s burning question: Can the fire department look at what is on my cellphone or order me to given them access to what I post on my personal social media page? Answer: As a general rule no. However, there are exceptions. Take, for instance, a case decided last week involving a Florida firefighter.

Arkansas Firefighter Loses Substitution-Related FMLA Claim

A federal judge in Arkansas has ruled that a change to a fire department’s policy on substitutions did not violate the FMLA, nor constitute retaliation against a firefighter who prompted the change. Eric Andersen filed suit last February against the Springdale Fire Department and three chief officers.

Arkansas Firefighter Claims FMLA Retaliation Over Changes to Shift Trade Policy

A former Arkansas firefighter has filed suit claiming he was retaliated against for having used a combination of intermittent leave under the FMLA and shift-trades to care for his dying child. Eric Andersen filed suit against the Springdale Fire Department last week in federal court.

Florida Firefighter Files FMLA Suit

A Florida firefighter who was terminated last year is claiming the fire department violated the Family Medical Leave Act (FMLA). Sergio Valdes was fired by the Greater Naples Fire Rescue on December 28, 2016, the same day he returned from a work related injury.

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