Retaliation Suit Against LA City Dismissed

A probationary firefighter with the Los Angeles City Fire Department who filed suit in 2020 contending his termination was retaliation for complaining about hazing and harassment, has agreed to dismiss his suit. Daniel Eble sued the city in Los Angeles County Superior Court alleging five state law employment violations. Here is earlier coverage, including a copy of the complaint.

Eble claimed he was hazed and harassed by fellow firefighters to the point of needing help from a psychologist. After the psychologist asked the department to investigate the allegations, Eble claims the retaliation began. According to Elbe, the retaliation culminated in him being singled-out to go for drug testing without cause, merely because he was tired and recovering from an illness. He was fired shortly thereafter and claims he was never given a reason.

According to the City News Service, the LA City Attorney’s Office filed documents with the court establishing that on the day in question, Eble was sent for a drug test after “appearing to be unfit for duty.” He was fired 30 days later.

The dismissal entry was made yesterday with prejudice, meaning that Eble’s claims cannot be refiled at a later date. It is not clear whether the dismissal is associated with a settlement or not, however, it was not consented to by the city. Here is a copy of the dismissal.

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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