Tag Archives: just cause

Court Refuses to Dismiss Due Process Demotion Case

A Wisconsin fire captain who was demoted in 2021 when the city reorganized its promotional process, got a mixed decision in his federal court lawsuit. Richard Haffner claims that Fire Chief Joshua Bell, the City of New Richmond, and the City’s Police and Fire Commission violated his due process rights by removing him as a captain without cause or a hearing.

Termination of Connecticut Firefighter for Bizarre Behavior Upheld

The termination of a Bridgeport firefighter in 2017 for acting “bizarre,” has been upheld by the Fairfield County Superior Court. The suit was brought by Bridgeport Firefighters, IAFF Local 834, who sought to overturn a 2019 grievance arbitration decision that concluded that the city had just cause to terminate firefighter David Greene.

Fire Law Roundup for July 17, 2023

In this episode of Fire Law Roundup for July 17, 2023, Curt discusses a lawsuit filed by a Massachusetts firefighter who was terminated for what he claims was refusing to sign a false document; a ruling in a discrimination lawsuit ...

Mass Firefighter Ordered Reinstated by Civil Service Commission

A Bourne firefighter who was terminated in 2018 over comments he made on a medical run, will be reinstated following a Massachusetts Civil Service Commission ruling. Thomas Swartz was fired on August 22, 2018 following an investigation into comments he made to an 18-year-old patient and the patient’s mother.

Washington Chief Settles Wrongful Termination and Defamation Suits for $725k

A Washington state fire chief who was awarded $735k earlier this year, has reached a settlement of his wrongful termination and defamation suits. Fire Chief David Bathke was terminated in 2019 by Ocean Shores Mayor Crystal Dingler after he refused her requests to resign.

Fired Washington Chief Will Get Trial But COVID May Mean No Jury

A Washington state fire chief who was terminated in 2019 after a vote of no-confidence by his firefighters, has survived a motion to dismiss his wrongful termination suit by establishing a question of fact as to whether the city had just cause to terminate him. Fire Chief David Bathke has terminated by the City of Ocean Shores in March, 2019 after less than two years at the helm.

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?

Arbitrator Reinstates Omaha Union President

An arbitrator has ordered the reinstatement of Omaha Firefighters IAFF Local 385 President Steve LeClair. LeClair had been terminated earlier this year following an off-duty incident. The arbitrator found that the city lacked just cause to terminate LeClair, while acknowledging his conduct warranted some discipline.

At Will, Due Process and Just Cause

Today’s burning question: Does Loudermill apply in states that are “at-will”? Our city administrator said a prominent HR attorney told her that due process, progressive discipline, and a Loudermill hearing process does not have to be followed in our state because we are “at-will”. Answer: There is alot of confusion over this issue and well-intentioned attorneys who oversimplify the complexity of the law are not necessarily helpful.

California Battalion Chief’s Termination Overturned

A California battalion chief who was terminated for allegedly failing to report an altercation between a captain and a patient, and lying to investigators about it, has been granted a reprieve by the California Court of Appeals. Loma Linda battalion chief Steve Jones was terminated in 2014 over an incident that occurred on January 1, 2014.

Termination of Massachusetts Firefighter Upheld

The termination of a Massachusetts firefighter who was charged with domestic assault has been upheld by the state’s civil service commission. North Attleborough firefighter Glenn Lavery was fired following a domestic incident that resulted in the arrest of both Lavery and his estranged girl friend.