Tag Archives: due process

Burning Question on At Will Employees and the Need for Just Cause

Today’s burning question: Several of my chief officers persist in asking why we can’t simply fire firefighters who are at-will employees. I have attempted to explain that termination without some basis (not necessarily just cause, but some justifiable legal basis) isn’t wise. They don’t seem to grasp what I tell them. Can you add anything that I can share with them to further my position?

Read More »

Judge Tosses Wilmington LODD Suit

A federal judge in Delaware has dismissed a lawsuit filed by the families of three Wilmington firefighters who were killed and three other firefighters who were injured in a 2016 building fire. The September 24, 2016 fire claimed the lives of Lieutenant Christopher Leach, FF Ardythe Hope, and FF Jerry Fickes

Read More »

Florida Fire District Sued For Viewpoint Discrimination

A Florida man has filed suit against a fire district claiming that his First and Fourteenth Amendment rights were violated when the department’s public information officer blocked him from the department’s Facebook page. Randy Scott filed against the Lehigh Acres Fire Control And Rescue District and PIO Katie Heck suit this week.

Read More »

Fired FDNY Probie Sues Over Harassment By Colleagues

An FDNY probie who washed out during his first year, has filed suit alleging he was subjected to an assortment of outrageous conduct by his coworkers. Michael Tronia filed suit last Friday alleging discrimination under federal, state and local law; assault and battery; retaliation; and Constitutional violations.

Read More »

Suspension of NY Firefighter For Facebook Post Prompts $500k Federal Suit

A volunteer firefighter who was suspended over a Facebook post earlier this year, has filed suit against the city, the fire chief, and others involved in his suspension. James Squicciarini alleges that his Constitutional rights were violated when the Amityville Volunteer Fire Department suspended him over a photo he posted on Facebook.

Read More »

Cincinnati Chief Sues Over Promotion

Cincinnati is facing a lawsuit by one of its district chiefs who claims he was passed over for promotion twice and labeled a troublemaker because he reported possible wrongdoing by other chiefs. District Chief Raffel Prophett filed suit last week naming City Manager Harry Black individually and in his capacity as city manager.

Read More »

Settlement Announced in Oregon Wrongful Termination Suit

An Oregon fire chief who filed a wrongful termination suit has agreed to accept a $55,000 settlement. Chief Mike Balzer claims he was terminated by Cannon Beach Rural Fire Protection District because his wife posted comments on social media that were critical of the district’s board.

Read More »

Sick Leave and Hypocrisy

Today’s burning question: My fire department has a sick leave policy that states "Members of the Department on sick leave, when not hospitalized, are expected to remain at home, unless authorized by a physician for light duty." There are exceptions for medical care, prescriptions, etc. Is this a legal and supportable policy?

Read More »

Suspended Hartford Deputy Chief Files Suit

A deputy chief from Hartford, Connecticut who was suspended for 30 days without pay last week, has filed suit against his fire chief, two other ranking officers, and the mayor alleging violations of his right to free speech. Deputy Chief Daniel Nolan filed suit today in Connecticut Superior Court naming Fire Chief Carlos Huertas, Interim Assistant Chief Scott Brady, Fire Marshal Roger Martin, Mayor Pedro Segarra.

Read More »

Should We Accept Anonymous Complaints Against Firefighters?

Today’s burning question: If someone wants to file a complaint against a firefighter, can we allow that person to remain anonymous? In other words, should we accept anonymous complaints? Answer: That is a question that comes up a lot in my Fire Department Administrative Investigations and Enforcing Discipline class.

Read More »