Chapter 6 - EMPLOYMENT LITIGATION

 

RECENT CASES

 

Article 6-76  (Sept. 13, 2017)

Link:  NJ - Volunter FF Voted Off Vol. FD - Not employee, whistleblower statute does not protect him

 

Article 6-75  (Sept. 5, 2017)

Link:  LA - Fire Chief Fired - Entitled to due process if proves he is civil service employee, not volunteer

 

Article 6-74  (Sept. 1, 2017)

Link: NC - Fire Inspector Fired - Social Media, wins jury verdict as whistleblower, about poor cond. city building

 

Article 6-73  (July 12, 2017)

Link:  TX - Union President Fired After FACEBOOK Post - Retaliation Lawsuit May Proceed

 

Article 6-72  (June 15, 2017)

Link: National Fire Academy - Larry Bennett's presentation on SOCIAL MEDIA & FIRE SERVICE

 

Article 6-71 (June 6, 2017)

Link: FL - Governor Can Veto State FF Pay Raise

 

Article 6-70  (March 23, 2017)

Link:  NY - Former Vol. FF May Sue Mayor - Runing For Mayor - First Amendment Right To Publish Negative Articles In Newspaper

 

Article 6-69  (March 23, 2017)

Link: OH - Two Police Dispatchers - No Immunity - Failed To Promptly Send Police to Man Overdosed

 

Article 6-68  (March 20, 2017)

Link: MD - Howard County Battaltion Chief Properly Fired For Repeated FACEBOOK Posts, Negative OF FD Managment

 

Article 6-67  (Jan. 27, 2017)

Link: NY - "Bed bugs" - Painters union sued by hotel for defamation; lawsuit dismissed, no proof of malice  

 

Article 6-66  (Jan. 23, 2017)

Link:  MS - FD issues "Two Hatter" policy, career FF must resign from another FD where "at will" - no property interest in second job

 

Article 6-65  (Jan. 23, 2017)

Link: CA - Battalion Chief Promotion - Applicant Failed "Simulation" Portion, Lawsuit Dismissed

 

Article 6-64  (Dec. 15, 2016)

Link: VA - Social Media Policy Too Broad - Two Police Officers Disciplined

 

Article 6-63  (Oct. 21, 2016)

Link: CA - Two Los Angeles FF removed from Arson unit after failing psychological exam - cannot sue, no property interest in a particular assignment

 

Article 6-62 (Sept. 21, 2016)

Link: WA:  Captain disobeyed orders to stop using FD e-mail for religious messages - termination upheld [also filed, Chap. 16]

 

Article 6-61  (Sept. 19, 2016)

Link:  IL:  Volunteer FF statute protecting against being fired for late to work - does not apply to those receiving "incentive" pay from FD

 

Article 6-60  (Sept. 8,  2016)

Link:  IL:  Civilian Paramedic - Not Eligible For State Catastrophic Injury Fund - Only Full Time Firefighters, Police [also filed, Chap. 2]

 

Article 6-59  (Aug. 30, 2016)

Link: OH - Firefighter with brain hemorrhage denied total disability by Ohio Police & Fire Pension Fund - can still be employed outside the fire service

 

Article 6-58  (Aug. 26, 2016)

Link:  NLRB - Whole Foods' policy prohibiting all secret recordings by employees too broad - chilling affect on right to engage in protected concerted activities - Company appealing

 

Article 6-57 (Aug. 19, 2016)

Link: OH - Letter to Fire Chief / HR alleging bias in selection of members to SWAT Team - false allegations, discipline upheld  [also filed, Chap. 16]

 

Article 6-56  (April 26, 2016)

Link: U.S. Supreme Court - Public employees's right of free speech includes support of political candidates off duty - police officer's lawsuit reinstated

 

Article 6-55  (March 29, 2016)

Link: U.S. Supreme Court - Tie Vote of 4 to 4 - California teachers must continue to pay union "Fair Share" fee

 

Article 6-54 (March 16, 2016)

Link:  OH - Ohio Supreme Court - Public Records Act - Frivolous Lawsuit To Obtain FF Personnel Records - Requestor's Attorney Ordered To Pay FD's Attorney Fees

 

Article 6-53 (Feb. 10, 2016)

Link: MA - FF returns from active duty with Marines - promoted to Lieutenant - city settles lawsuit by U.S. DoJ - effective date of promotion back to date when others promoted

 

Article 6 - 52 (Dec. 18, 2015) - also filed, Chap. 14

Link:  IL - Fire Chief denied workers comp for injured knees - voluntarily participated, on duty, in city-wide Fall Fitness program

 

Article 6-51 (Nov. 18, 2015) - also filed in Chap. 2

Link: TX -  San Antonio FD annual physical, including stress test - FF with 30 years on FD loses lawsuit challenging mandatory testing

 

Article 6-50  (Nov. 9, 2015)

Link: NJ - Promotion of Fire Chief's son to Captain unpheld - no proof of nepotism by official making promotion decision

 

Article 6-49  (Oct. 27, 2015)

Link: LI - Chicago PD's new grooming policy require tattoos be covered - no First Amendment claim since no matter of public policy

 

Article 6-48  (Oct. 23, 2015)

Link: MS - Captain fired for breach of grooming policy - wore dreadlocks - No First Amendment claim since no matter of public policy

 

Article 6-47 (Aug. 24, 2015)

Link:  CA - Captain's Personal Log Book On FFs Not A Personnel File - No Right To Review

 

Article 6-46 (Aug. 21, 2015)

Link:  OH - 6th Circuit Upholds Termination Of Two FF By Village of Lincoln Heights - Failed To Get EMT-B Certifications [also filed in Chap. 16]

 

Article 6-44  (July 20, 2015)

Link:  City pf Philadelphia delayed promotions from expiring list for 3 weeks, to promote from top of new list - held lawful

 

Article 6-44  (May 8, 2015)

Link:  IL - State Supreme Court holds that General Assembly cannot reduce firefighter or other public employee pensions under state Constitution

 

Article 6-43  (May 5, 2015)

Link:  AK - Fire Department to pay Army Reservist $75,000 - failed to rehire him after deployment

 

Article 6-42 (March 18, 2015) - also filed, Chapter 17, Arbitration

Link:  OH - Akron firefighter get $251,000 in back pay awarded by Arbitrator - terminated for not living in city, after Ohio General Assembly changed ORC to drop residency requirements

 

Article 6-41 (Jan. 28, 2015)

Link:  PA - Double Dipping - Retired FF Now On City Council - Pension Payments Suspended

 

Article 6-40 (Feb. 6, 2015)

Link:  OH - Fire Chief Terminated - Citizen Helping FF - Progressive Discipline Not Required

 

Article 6-39 (Dec. 19, 2014)

Link:  RI - Gay Pride Parade - FF Ordered To Drive Engine - No Violation Of Their Constitutional Rights

 

Article 6-38 (Dec. 17, 2014)

Link:  OH - Whistleblower statute does not protect Village Wastewater Manager From Termination - He Reported Possible Crime By Private Company Dumping Glyco, Not Crime By Village

 

Article 6-37 (Dec. 4, 2014)

Link: PA - IAFF Local President Suspended 240 Hours - Sent Letter To Heavy Rescue Vol. FD, Other FDs - Urging IAFF Members To Not Respond

 

Article 6-36 (Oct. 8, 2014)

Link:  CT - Facebook - National Labor Relations Board orders Bar Owners to re-hire waitress / baretender and cook - concerted activity, when posted negative comments about owing more state taxes - Bar Owners Appealing To 2nd Circuit

 

Article 6-35 (Sept. 26, 2014)

Link:  RI - Annual Physicals - State Judge Holds That FD Cannot Select Physician Under State Law   [case also in Chapter 14]

 

Article 6-34 (Aug. 27, 2014)

Link: OH - Public Records Request Properly Denied For Records Concerning Threats Against Governor

 

Article 6-33 (Aug. 26, 2014)

Link: NJ - Fire Chief's Retirement - Did Not Have Implied Contract - Retirement Package Reduced By $200,000

 

Article 6-32 (June 20, 2014)

Link:  U.S. Supreme Court - Illinois Home-Care Workers Do Not Have To Pay Union "Fair Share" Dues - Not Full Public Employees

 

Article 6-31 (June 19, 2014)

Link:  U.S. Supreme Court - Whistleblower Who Testified In Federal Fraud Case May Sue Employer For Retaliation - Laid Off By College

 

Article 6-30 (June 4, 2014)

Link:  OH - FD Personnel Records Promptly Released - Request May Have To Pay FD's Attorney Fees For Frivolous Lawsuit

 

Article 6-29 (May 8, 2014)

Link:  CO - Cancer - Statutory Presumption If 5 Years As FF - Includes Time As Volunteer FF & Training School

 

Article 6-28 (Dec. 12, 2013)

Link: OH - Cleveland city charter granting 5 extra points in promotions for residents held viol. Ohio Constitution

 

Article 6-27 (Dec. 3, 2013)

Link: MS - FACEBOOK posting by police officer criticizing Police Chief - Terminated

 

Article 6-26 (Sept. 18, 2013)

Link: VA - Deputy Sheriffs have Free Speech right to post FACEBOOK comments in favor of outside candidate for Sheriff

 

Article 6-25 (July 9, 2013)

Link: MI - Right-To-Work Statute - MI Supreme Court declines to issue advisory opinion

 

Article 6-24 (July 2, 2013)

Link: U.S. Dept. Treasury - Affordable Care Act - Mandatory Insurance Delayed One Year

 

Article 6-23 (June 24, 2013)

Link:  U.S. Supreme Court - Retaliation - Frivolous Retaliation Lawsuits - Landmark Decision

 

Article 6-22 (June 20, 2013)

Link:  WA - SEATTLE paramedic sent out survey letters to co-workers about FD morale - not protected by First Amendment

 

Article 6-21 (June 20, 2013)

Link:  OH - Retired Fire Chief successfully sues city for deducting money from last pay check; awarded $2, 401

 

Article 6-20 (May 3, 2013)

Link:  Alaska - FF Prostate Cancer Covered By Statutory Presumption Statute

 

Article 6-19 (April 23, 2013)

Link:  FL - "At Will" Fire Chief can be fired without notice of charges or due process hearing

 

Article 6-18 (March 26, 2013)

Link:  NY - Alleged retaliation for speaking about reduced hours for alcohol in fire stations not proven;  $350,000 jury verdict set aside

 

Article 6-17 (Feb. 19, 2013)

Link: OH - Senate bill would prohibit employers from asking applicants for passwords for FACEBOOK, other social medial

 

Article 6-16 (Feb. 4, 2013)

Link:  GA - Cheating On Lt. Promotion Exam

 

Article 6-15 (Jan. 22, 2013)

Link: CA - Background Checks -Calling Current Employer

 

Article 6-14 (Jan. 18, 2013)

Link:  WI - 7th Cir. Upholds Statute Restricting Collective Bargaining

 

Article 6-13  (Dec. 5, 2012)

Link:  CO - EMT AT-WILL EMPLOYEE

 

Article 6-12  (Nov. 13, 2012)

Link:  MO - STATE RESIDENCY STATUTE UPHELD

 

Article 6-11  (July 24, 2012)

Link:  TN - USERRA - POLICE OFFICER RETURNING FROM MILITARY

 

Article 6-10 (Sept. 28, 2012)

Link:  D.C. - LIMITED FIRST AMENDMEMNT RIGHTS TO COMPLAIN ABOUT DISCIPLINE - APARTMENT FIRE

 

Article 6-9  (July 25, 2012)

Link:  OHIO:  FALLBACK RIGHTS - OHIO SUPREME COURT HOLDS THAT STATE EMPLOYEE IN UNCLASSIFIED POSITION CANNOT BE FIRED AT WILL - HAS RIGHT TO RETURN TO CLASSIFIED POSITION

 

Article 6-8 (July 17, 2012)

Link:  USERRA:  ARMY RESERVIST (Col.) RETURNING TO CIVILIAN JOB - STATE OF NEVADA, OFFICE OF COMPTROLLER DID NOT REINSTATE HIM AS CHIEF DEPUTY COMPTROLLER - U.S. DEPARTMENT OF JUSTICE GETS LARGE SETTLEMENT

 

Article 6-7  (May 23, 2012)

Link:  Ohio Supreme Court Upholds Smoking Ban 

 

Article 6-6  (Feb. 17, 2012)

Link: OHIO - BATTALION CHIEF TERMINATED - ENTITLED TO HEARING BEFORE CITY'S APPEALS BOARD EVEN IF CLASSIFIED AS EXEMPT

 

Article 6-5 (Sept. 2, 2011)

Link: NEW YORK - FACEBOOK FIRINGS OF 3 EMPLOYEES AT HISPANIC  ASSISTANCE ENTITY - NATIONAL LABOR RELATIONS BOARD HEARING OFFICER ORDERS EMPLOYEES REINSTATED

 

Article 6-4 (Sept. 2011)

Link:  CALIFORNIA:  U.S. SUPREME COURT TO DECIDE IF QUALIFIED IMMUNITY IN FD INTERNAL AFFAIRS CASE APPLIES TO OUTSIDE ATTORNEY

 

Article 6-3 (Sept. 2011)

Link:  ILLINOIS - DRIVER'S LICENSE INFORMATION - WEST PUBLISHING CO. MAY SELL TO EMPLOYERS PERFORMING BACKGROUND CHECKS

 

Article 6-2  (Sept. 2011)

Link:  U.S. DEPARTMENT OF JUSTICE FILES LAWSUIT AGAINST CITY OF TRUMAN, MN - RE-EMPLOYMENT RIGHTS OF U.S. MILITARY

 

Article 6-1  (June 30, 2006) - also filed, Chap. 10

Link:  TX - BATTALION CHIEF WRONGFULLY DISCHARGED FOR TAKING LEAVE DURING "Y2K" - WINS JURY VERDICT OVER $1 MILLION - BUT LATER FAILS TO DISCLOSE IN BANKRUPTCY

 

 

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Posted by UC solely as information and for the benefit of students.

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