Municipal Liability

Podcast 19: Dealing with the Toxic Employee

In this episode, Curt and attorney Matt Dolan discuss the leadership challenge of dealing with the toxic employee. Approximately 60 percent of fire service litigation involve HR-types of suits, and many of those lawsuits involve the 1% who make everyone’s lives more difficult: the toxic employee.

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Detroit EMT Charged Criminally With Neglect of Duty

The Detroit Fire Department EMT who refused to respond to the scene of a baby having trouble breathing in 2015, today was charged criminally with willful neglect of duty. Ann Marie Thomas was fired June 24, 2015 for her role in the May 30, 2015 incident that led to the death of I'Nayah Wright-Trussel.

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Mass Town Challenges Open Meetings Violation

The Town of Southampton, Massachusetts, embroiled in a wrongful termination lawsuit by former deputy chief, is challenging an attorney general’s office determination that it violated the state’s open meetings law. The violation allegedly occurred when the town’s Selectmen met in executive session to "indirectly affect the employment status" of then Deputy Chief Kyle Miltimore.

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Vancouver Facing $22.5 Million Suit Over Closure Of Night Club For Fire Code Violations

The owners of a Vancouver nightclub are suing the city, its fire chief, and 4 others for $22.5 million claiming they conspired to put it out of business because it catered to Black and Hispanic communities. Adrian Kallimanis and Jose Parra, owners of the now closed Q Nightclub and Lounge, claim racial prejudice led to pretexts, including fire code violations, to put the club out of business.

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NJ Chief Claims Termination Was Political Retaliation

A New Jersey fire chief whose position was eliminated and then refilled by his deputy chief has filed suit in US District Court alleging it was blatant political retaliation. Westampton Township fire chief Jason Carty was fired after the position he held, Fire Chief/Director of Emergency Services, was eliminated through a political slight-of-hand.

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Mass Deputy Chief Sues Town and Fire Chief

A Massachusetts deputy chief has filed suit against a town, its fire chief and the entire board of selectmen claiming they retaliated against him after he brought to light problems with the oversight of EMS drugs and refused to lie for the chief.

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SC Firefighters Sue for Overtime After 40 Hours Per Week

Four former firefighters from the City of York, South Carolina are suing for $1.3 million in unpaid overtime under a rather novel theory. The men filed separate suits on March 22nd, 2017 claiming they are entitled to overtime for all hours worked over 40 each week based on the city’s personnel manual.

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Texas Firefighter Sues Over Mandatory Vaccination

A Texas firefighter who was fired last year for refusing to get a required vaccination is suing for religious discrimination. Brett Horvath was terminated from the Leander Fire Department after he refused to get vaccinated for diphtheria, pertussis and tetanus (DPT).

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Lexington Settles OT Dispute for $17.7 Million

Lexington-Fayette Urban County Government has agreed to settle a long-standing overtime dispute with its firefighters for a reported $17.7 million. The case was originally filed in November, 2005 in Fayette Circuit Court by firefighters who claimed the county miscalculated their overtime compensation.

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