Idaho Fire Department Accused of Retaliation Against Whistleblower

A community risk reduction specialist with the Meridian Fire Department has filed suit claiming she was disciplined and later terminated in retaliation for raising concerns about the accuracy of data being used for a standard of cover analysis. Heather Griffin filed suit last year against the city in Ada County District Court, alleging wrongful termination and due process violations.

Griffin later filed an Amended Complaint claiming Whistleblower status and adding violations of the Idaho Whistleblower Act. Last month, she filed a Second Amended Complaint, alleging disability discrimination under the Americans with Disabilities Act. Today, the city removed the case to US District Court for the District of Idaho. According to the Second Amended Complaint, Griffin’s disability is dyslexia.

Griffin contends that her problems began shortly after she was hired in January, 2023 when she raised concerns that the data being submitted to the Center for Public Safety Excellence for accreditation purposes was not accurate. When her concerns were not heeded, she reported her concerns to HR.

Quoting from the original complaint:

• In response to Mrs. Griffin’s reports, the Employers have taken adverse action against their employee, Mrs. Griffin, contrary to and in violation of Idaho Code § 6-2104(3) because she objected to or refused to carry out a directive that she reasonably believed violated a law or a rule or regulation adopted under the authority of the laws of the State of Idaho, a political subdivision of the State of Idaho, or the United States.
• The Employers’ adverse and retaliatory actions against Mrs. Griffin included continual modifications to Mrs. Griffin’s work schedule, loss of professional flexibility as enjoyed by all other colleagues, isolation of Mrs. Griffin’s workspace into a health-hazard trailer, abrupt termination of Mrs. Griffin’s professional development and training opportunities, Mrs. Griffin’s removal from the accreditation team and various projects to which Mrs. Griffin had been assigned, and stunted professional growth and development opportunities.
• On or about October 2, 2023, her Employers issued a Written Warning to Mrs. Griffin.
• The excessively vague and opaque allegations in the written warning denied Mrs. Griffin the opportunity to meaningfully confront and rebut the allegations made against her.
• The October 2, 2023 allegations were false and pretextual, Defendants were retaliating against Mrs. Griffin for her aforementioned complaints regarding the integrity of the data contributed to the Project.
• On or about November 16th, 2023, her Employers issued a Notice of Contemplative Action for Suspension to Mrs. Griffin.
• The Notice of Suspension included reprimand for “insubordination” including Mrs. Griffin’s use of previously approved paid-time-off to attend continued education training as a part of her licensure, for medical appointments given Employers’ newly implemented inflexibility, and other vague allegations as proffered in the October 2, 2023 written notice.
• The allegations proffered in the Notice of Suspension were unfounded and pretextual.
• The Notice of Suspension contemplated suspending Mrs. Griffin for five (5) days without pay for the alleged insubordination.
• In response to the Notice of Suspension, Ms. Griffin timely filed a Notice of Appeal on or about November 21, 2023.
• On or about December 5, 2023 counsel for Defendants contacted Mrs. Griffin, through counsel, and abruptly cancelled the hearing for Mrs. Griffin’s Notice of Appeal, then set for the next day.
• On or about December 7, 2023 Mrs. Griffin was called in to the Human Resources Department where they handed her a Memorandum for Termination based on some of the events alleged in the November 16 Notice of Suspension, but also augmented the charge of insubordination with allegations that preceded the November 16 Notice of Suspension, but that were not previously included therein.
• The allegations set forth in the December 7, 2023 Termination Memo are false and pretextual.
• Defendants are retaliating against Mrs. Griffin for activities protected under the Idaho Whistleblower Act and for other protected activities.
• On or about December 13, 2023 Mrs. Griffin timely filed her Notice of Appeal.
• On or about February 13, 2024 Defendants sent Mrs. Griffin, through counsel, notice that a hearing on her December 13, 2023 Notice of Appeal would take place on February 21, 2024.
• On or about February 14, 2024 City of Meridian, Meridian Fire Department Division Chief Michael Warmuth told one of Mrs. Griffin’s co-workers within the Department that Mrs.
• Griffin’s position within the Department is being eliminated.
• Despite the pretextual promise of a hearing that has not yet taken place, Defendants have effectively terminated Mrs. Griffin’s employment and her position.
• On or about February 15, 2024 City of Meridian, Meridian Fire Department Division Chief Michael Warmuth accused Mrs. Griffin’ of breaking in to Meridian City Hall at night and stealing belongings off of her desk. The false allegations were made to co-workers within the Department.
• Indeed, on multiple and ongoing occasions, Defendants have falsely defamed Mrs. Griffin within the City of Meridian, and among colleagues outside of the City.
• As a result of Defendants’ acts and omissions, Ms. Griffin has incurred actual damages for loss of wages, loss of professional development and training opportunities, loss of benefits, loss of opportunity for employment advancement and promotion, imminent loss of employment, and loss of benefits including paid time off, medical leave, retirement, and other actual damages to be proven at trial.

Here are copies of the three complaints: