Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A Michigan firefighter who was terminated last August has filed a whistleblower suit claiming his dismissal was retaliation for reporting the fire chief for responding to an alarm after drinking.
City of Clare firefighter Matt Halicek claims his problems began last November when Fire Chief Jim Chapman responded on a mutual aid run with alcohol on his breath. Halicek reported the incident to City Manager Ken Hibl, who investigated and concluded the city’s alcohol policy had not been violated.
Halicek claims Chief Chapman later accused him of trying to have him fired. He claims last August he met with Chief Chapman who asked him if he wanted to resign, and then terminated him when he said no.
The suit filed last week, alleges a violation of Michigan’s Whistleblower Protection Act. The act states:
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.
