Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Fire Law Roundup – December 13, 2021
In this session of Fire Law VLOG, Curt and Brad Pinsky discuss the fire law headlines from last week. FMLA, vaccine mandates, medical marijuana, employment discrimination lawsuits and more.
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Arizona Firefighter Suing for Disability Discrimination
An Arizona firefighter who was terminated in 2017 following recuperation from a knee-injury, has filed suit claiming the department violated the Americans with Disabilities Act. Gregory J. Gannon was a firefighter with the Sedona Fire District.
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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.
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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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Sick Leave Abuse or Family Medical Leave Act Violation
Today’s burning question: I was a probationary firefighter and used accrued sick and vacation leave to take care of my wife and children, but my employer fired me. Do I have a case? Answer: While as a probationary employee you are an employee at-will, an employer cannot discriminate nor violate statutory rights that are granted by state and federal law.
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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?
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Illinois Division Chief Sues for Comp Retaliation
A division chief with the Tri-State Fire Protection District has filed suit alleging his discharge last October was retaliation for him having filed a heart related workers comp claim and using medical leave. Division Chief David Basek filed suit last ...
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Clark County Firefighter Takes Aim at County for Sick Leave Defamation
A Clark County, Nevada firefighter who was terminated last year for abusing his sick leave, has filed a Federal lawsuit against the county alleging Family Medical Leave Act violations, defamation, invasion of privacy and due process violations. Donald Munn was ...
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