Wrongful termination

Two female staff members of an Oregon fire district who were laid-off in February, 2023, have filed suit claiming the layoff was thinly-disguised retaliation for complaints they had made about sexual harassment and financial mismanagement. Jennifer Motherway and Anika Todd filed suit last week naming Columbia River Fire & Rescue.

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The dismissal of a Florida battalion chief has been upheld by a US District Court. BC William Valencia claims he was terminated by the Haines City Fire Department in retaliation for having sought workers comp for an injury, and that he was the victim of disability discrimination.

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An Indiana firefighter who was demoted for disobeying orders related to rumor-spreading about a subordinate’s sexual preferences, has lost his lawsuit alleging discrimination and retaliation due to his race, disability, age and use of FMLA leave. Brad Collier brought the action against the City of New Albany.

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An assistant chief in Texas who was terminated in 2021 has filed suit alleging gender discrimination. Assistant Chief/Director of Communications Elisa Noriega filed suit today naming the Magnolia Volunteer Fire Department and Montgomery County ESD No. 10 as defendants.

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In this episode of Fire Law Roundup for January 9, 2023, Brad and Curt discuss a ruling out of Montgomery, Alabama upholding the resignation of a chief officer who claims be was constructively discharged; a claim my a Mobile firefighter ...

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A Montgomery chief officer who resigned in 2018 while facing domestic violence charges, has lost his suit alleging constructive discharge and due process violations. Chief of Operations Kenneth Bolling claims he was pressured into resigning immediately in order to preserve his retirement benefits.

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A Mobile firefighter who claims she was told to grow her hair to cover a tattoo on her head, was nevertheless terminated after a complaint was filed over her hair. Kay’Ana Adams was fired by the Mobile Fire Department late last year.

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A Boston firefighter who was placed on unpaid leave due to his failure to comply with the city’s COVID vaccination requirements has filed suit seeking $8,342,068.00 in damages from the city. Michael Browder Jr. filed suit in Suffolk County Superior Court yesterday.

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The US District Court for the Western District of Washington has ruled that two believed-to-be volunteer firefighters who received shift stipends and point-based bonuses were actually employees entitled to minimum wage and overtime for the 3,000 hours per year they claim they worked. Luis Aponte and Jennifer Self served with Mason County Fire Protection District No. 16.

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A lawsuit filed by a Buffalo firefighter who was fired for using medically prescribed marijuana, has been settled for $242,000. Scott Martin, a 12-year veteran of the department, was terminated on February 23, 2021. He is also an Air Force veteran who served in both Iraq and Afghanistan.

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The California Court of Appeals has ruled that a whistleblower-qualifying complaint raised for the first time during a disciplinary proceeding, can serve as a basis for whistleblower protection, but that it was not the reason why fire captain Sean Olguin was terminated from the Hollister Fire Department. As a result, the captain’s appeal was denied.

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In this episode of Fire Law Roundup for November 14, 2022, Brad and Curt discuss the impact of the Massachusetts Human Resource Division to cancel all upcoming fire promotional examinations; a wildland firefighter who drove a US Forest Service engine ...

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The US Supreme Court has refused to consider the appeal of a transgendered fire chief from Georgia, leaving in place a ruling by the 11th Circuit Court of Appeals in favor of the city. Fire Chief Rachel Mosby was fired by the City of Byron shortly after she revealed that despite being born a male she identified as a female.

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The New York Court of Appeals has ruled that fire departments must bargain over the procedures used to terminate firefighters who have been on an extended work-related injury leave status. The case involved a Long Beach firefighter, Jay Gusler, who was terminated in 2015 after an extended injury-related leave.

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