Tag Archives: USERRA

Termination of New Jersey Firefighter Upheld

The Appellate Division of New Jersey Superior Court has upheld the termination of a firefighter who was working full-time for the military while employed full-time as a municipal firefighter, and kept each agency in the dark about his employment with the other.

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Fire Law Roundup – April 18, 2022

In this episode, Brad and Curt discuss the dismissal of an Alabama lawsuit alleging military and race discrimination; an appellate decision upholding the dismissal of a lawsuit brought by a man jumped out of the back of a moving FDNY ambulance; the conviction of a Virginia firefighter charged criminally for driving a fire truck to a fire; a union harassment lawsuit in Idaho; and a lawsuit against several NJ fire departments who deployed AFFF at a fire scene.

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Court Rules Against Alabama Firefighter’s Discrimination Suit

A lawsuit filed by an Alabama firefighter who claims his termination was due to his race and military service, has been dismissed. Deatri J. Larry filed suit in 2019 claiming his salary was reduced, he was passed over for promotion, and he was ultimately terminated after returning from a combat deployment.

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Latino Firefighter Sues FDNY Alleging Discrimination

A Latino firefighter with FDNY has filed suit alleging discrimination and retaliation on the basis of race, national origin, disability, and military service. Joseph Mendoza filed suit last week in US District Court for the Eastern District of New York.

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Washington Firefighter Sues Claiming Military Discrimination

A Washington state firefighter who was repeatedly denied accommodations for his military service has filed suit in federal court claiming a violation of Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Brett Martinson filed suit yesterday against Central Pierce Fire & Rescue.

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Mississippi Lieutenant Files Two Suits against City

A Mississippi fire lieutenant who claims he was passed over for promotion on several occasions, has filed two lawsuits in federal court against his department. Lt. Lonnie Johnson filed suit against the City of Laurel alleging a USERRA violation and a violation of the FLSA.

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Alabama Firefighter Loses Military Discrimination Suit

A military discrimination lawsuit filed by an assistant chief with the Montgomery Fire Department, has been dismissed. Assistant Chief Ted Clark filed suit last year accusing the city of denying him a promotion, denying him family medical leave, and retaliating against him on account of his military service with the Alabama Army National Guard.

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Florida Fire Department Accused of Military Discrimination

A former firefighter in Florida has filed suit claiming he was terminated because of his military service. Chris Merrell filed suit last week against the City of Clermont Fire Department under the federal Uniformed Services Employment and Re-employment Rights Act and Florida's version known as Florida Uniformed Servicemembers Protection Act.

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Chicago Facing Suit For Military Discrimination

A Chicago firefighter, with the support of the US Department of Justice, has filed suit claiming the city’s refusal to accommodate his request to make-up a promotional exam when he returned from a military deployment violates the Uniformed Services Employment and Reemployment Rights Act.

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