Tag Archives: constructive termination

NY Court Rules That Resignation Terminates Firefighter’s Ability to Appeal Termination

The Rockland County Supreme Court has ruled that a firefighter who resigns in lieu of being terminated, cannot challenge the grounds for discipline. That decision came in the case of Robert Doremus, formerly a firefighter with the Tallman Fire District.

Fire Law Roundup for January 9, 2023

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 ...

Alabama Chief Loses Constructive Discharge Case

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.

Colorado Firefighter Alleges Sexual Assaults and Harassment

A Colorado firefighter has filed suit alleging she was sexually harassed throughout much of her 10-year membership in the East Grand Fire Protection District #4, and sexually assaulted leading to her constructive termination. Lisa MacKendrick filed suit in US District Court for the District of Colorado against the district and its fire chief.

Probationary LA County Firefighter Claims Disability Discrimination

A probationary firefighter with the Los Angeles County Fire Department who resigned after just ten months on the job due to stress and harassment, has filed suit against the county claiming disability discrimination. The suit was filed suit in Los Angeles County Superior Court alleging six counts of employment discrimination under state law.

Wisconsin Firefighter Sues Over Alleged Harassment

A former Wisconsin firefighter has filed suit claiming she was sexually harassed and then retaliated against once she complained. Megan Tautges claims the harassment and retaliation she suffered during her tenure with the Greendale Fire Department became intolerable, forcing her to resign.

Jury Awards Palm Beach County Fire Recruit $750k for Gender Discrimination

A former Palm Beach County firefighter recruit who was forced to resign in 2015, was awarded $750,000 by a jury who concluded she had been discriminated against on account of her gender. Sharon Wilson started the Palm Beach County fire academy in April, 2015.

California Chief Sued for Sexual Harassment

A woman who claims she was sexually harassed by the fire chief of the Bakersfield Fire Department while both were employed by the city in 2017-2018, has filed suit against the city and the chief. The woman identified only as Jane Doe claims that former Fire Chief Douglas Greener began harassing her in the fall of 2017.

Indiana Captain Sues Over Race Discrimination

A Fort Wayne captain who requested a demotion last January and resigned in October is suing the city claiming a racially hostile work environment forced him to do both. Elbert Starks claims that starting in 2017 he was subjected to racially hostile comments from co-workers.

Arkansas Firefighter Loses Substitution-Related FMLA Claim

A federal judge in Arkansas has ruled that a change to a fire department’s policy on substitutions did not violate the FMLA, nor constitute retaliation against a firefighter who prompted the change. Eric Andersen filed suit last February against the Springdale Fire Department and three chief officers.

Retired KCMO Firefighter Claims Race Discrimination Forced Him Off The Job

A Kansas City, Missouri firefighter who retired in 2014 has filed a race discrimination suit claiming that after he was repeatedly passed over for promotion to captain he had no choice but to retire. Travis Yeargans filed suit yesterday alleging that he was “constructively discharged”.

Palm Beach Chief Rescinds Resignation

Embattled Palm Beach County Fire Chief Jeff Collins, who resigned on Friday after meeting with county officials, has informed those officials he is rescinding his resignation. Chief Collins resigned following a meeting with County Administrator Verdenia Baker, Assistant County Administrator Nancy Bolton and Human Resources Director Wayne Condry

EMT Claims Detroit Fire Failed To Address Harassment

A former Detroit EMT who claims that a colleague’s intimidation forced her to resign has filed suit against the city. Kimberly Asaro claims the fire department failed to address harassment and stalking behavior from an employee, Willie Bragg.

Lynchburg Facing Sexual Harassment Suit

The City of Lynchburg, Virginia is facing a sexual harassment lawsuit by a former female firefighter who claims she was subjected to a sexually hostile work environment culminating in her decision to resign in 2015. Ruth Anne L. Phillips alleges she was subjected to “unlawful employment discrimination and hostile work environment based on age, gender, sex, sexual harassment, assault, and retaliation."

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