Tag Archives: due process

Fire Law Roundup for May 1, 2023

In this episode of Fire Law Roundup for May 1, 2023, Brad and Curt discuss a suit brought by a woman who was injured by a fire hose being dragged by a Dallas fire truck; a suit by the former ...

Idaho Fire District Sues Union Over Challenge to Dismissal of Probationary Firefighter

An Idaho fire district has filed suit seeking a declaratory judgment that would block the processing of a grievance over the termination of a probationary firefighter. The suit was filed by the Mica Kidd Island Fire Protection District naming IAFF Local 5005 as the defendant.

Terminated Utah Firefighter Seeks Reinstatement

A Utah firefighter who was terminated earlier this year from the South Davis Metro Fire Department has filed suit claiming the department violated his due process rights and targeted him due to his age. Gary Schvaneveldt filed suit in US District Court for the District of Utah naming the department and Fire Chief Dane Stone.

Burning Question on At Will Employees and the Need for Just Cause

Today’s burning question: Several of my chief officers persist in asking why we can’t simply fire firefighters who are at-will employees. I have attempted to explain that termination without some basis (not necessarily just cause, but some justifiable legal basis) isn’t wise. They don’t seem to grasp what I tell them. Can you add anything that I can share with them to further my position?

Judge Tosses Wilmington LODD Suit

A federal judge in Delaware has dismissed a lawsuit filed by the families of three Wilmington firefighters who were killed and three other firefighters who were injured in a 2016 building fire. The September 24, 2016 fire claimed the lives of Lieutenant Christopher Leach, FF Ardythe Hope, and FF Jerry Fickes

Florida Fire District Sued For Viewpoint Discrimination

A Florida man has filed suit against a fire district claiming that his First and Fourteenth Amendment rights were violated when the department’s public information officer blocked him from the department’s Facebook page. Randy Scott filed against the Lehigh Acres Fire Control And Rescue District and PIO Katie Heck suit this week.

Fired FDNY Probie Sues Over Harassment By Colleagues

An FDNY probie who washed out during his first year, has filed suit alleging he was subjected to an assortment of outrageous conduct by his coworkers. Michael Tronia filed suit last Friday alleging discrimination under federal, state and local law; assault and battery; retaliation; and Constitutional violations.

Suspension of NY Firefighter For Facebook Post Prompts $500k Federal Suit

A volunteer firefighter who was suspended over a Facebook post earlier this year, has filed suit against the city, the fire chief, and others involved in his suspension. James Squicciarini alleges that his Constitutional rights were violated when the Amityville Volunteer Fire Department suspended him over a photo he posted on Facebook.

Cincinnati Chief Sues Over Promotion

Cincinnati is facing a lawsuit by one of its district chiefs who claims he was passed over for promotion twice and labeled a troublemaker because he reported possible wrongdoing by other chiefs. District Chief Raffel Prophett filed suit last week naming City Manager Harry Black individually and in his capacity as city manager.

Fired Georgia Captains Seeking $4 Million Each For Conspiracy

Two Georgia fire captains who were terminated last year for their involvement with allegedly harassing a female subordinate have filed separate suits in federal court claiming the woman conspired with the department to violate their Constitutional Rights.

Settlement Announced in Oregon Wrongful Termination Suit

An Oregon fire chief who filed a wrongful termination suit has agreed to accept a $55,000 settlement. Chief Mike Balzer claims he was terminated by Cannon Beach Rural Fire Protection District because his wife posted comments on social media that were critical of the district’s board.

Oregon, Pennsylvania and Michigan Wrongful Termination Cases In The Fire Law Headlines

Three wrongful termination cases are in the fire law headlines today, one from Oregon, one from Pennsylvania and one from Michigan. All three are updates on cases we covered in the past few months.

Michigan Firefighter Claims Retaliation for Support of Two-Hatter Protection Law

A Michigan firefighter who was fired last week has responded with a federal lawsuit accusing the city, the city manager and the city’s public safety director of violating his 1st and 14th Amendment rights. Thomas Saladino was a 23-year veteran of the Wyoming Fire Department

Sick Leave and Hypocrisy

Today’s burning question: My fire department has a sick leave policy that states "Members of the Department on sick leave, when not hospitalized, are expected to remain at home, unless authorized by a physician for light duty." There are exceptions for medical care, prescriptions, etc. Is this a legal and supportable policy?

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