Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A Florida firefighter has filed a wrongful termination suit claiming he was illegally fired last March in retaliation for his support for a union. John Carter was fired from the Freeport Fire Department on March 17, 2011 allegedly because he committed sexually harassment.
Carter’s lawsuit refers to the sexual harassment allegation as “contrived”, and claims it was a pretext for retaliation against him for his efforts to bring certain misconduct to light, and as a response to his discussions on organizing a union.
Carter also claims that Fire Chief Ben Greenslait secretly recorded firefighters discussing union activities, and was opposed to the creation of a union in Freeport. According to the complaint: “Defendant GREENSLAIT was openly hostile toward employees forming a union, such hostility evidenced by, among other comments, a statement that if the word “union” was used within the Fire Department, that Department of the City would thereafter become a volunteer station.”
The suit alleges a violation of Carter’s First Amendment Rights pursuant to 42 U.S.C. § 1983 as well as violation of the Florida Public Employer Whistle-Blower Act.
Here is a copy of the complaint. carter-freeportFLAcase
Oddly enough, no due process allegation, nor a privacy violation allegation for the secret recording (Florida is one of the 12 states that requires the consent of all parties to a conversation for it to be recorded).
