Legal

Ambulance Company Seeks To Block Augusta Fire From Providing EMS Transport

Firelawblog.com - Thu, 09/20/2018 - 18:26
An ambulance company is suing one of Georgia’s regional EMS councils in an effort to block the Augusta Fire Department from taking over EMS transport. Gold Cross EMS, Inc. filed suit earlier this week in Richmond County Superior Court naming the East Central Georgia EMS Council as the sole defendant.
Categories: Legal

Social Media Posts and the Cowards Way Out

Firelawblog.com - Wed, 09/19/2018 - 20:00
Today’s burning question: I am a fire chief and I want to know if I can discipline a firefighter for the comments his wife is posting on social media that demean and disparage me and the fire department if I know he is behind it. Answer: Ah yes, the proverbial “coward’s way out”: using one’s spouse as a mouthpiece to criticize the fire chief and the fire department.
Categories: Legal

Florida Possum Festival Lawsuit Dismissed

Firelawblog.com - Tue, 09/18/2018 - 16:50
Hey, stop laughing, this is serious business. The infamous Possum Festival Lawsuit of 2017 has been dismissed. The federal suit was brought against Wausau Fire Chief Samuel Rudd and the Town of Wausau by former County Commissioner Lynn Gothard over a political advertisement that she wanted published in a pamphlet the fire department was preparing for the 2016 Wausau Possum Festival.
Categories: Legal

San Francisco EMT Sues FD and Her Colleagues for Discrimination

Firelawblog.com - Mon, 09/17/2018 - 17:00
A former EMT with the San Francisco Fire Department is suing the department and several of her colleagues for discrimination on the basis of her sexual orientation. Jennifer Galarza filed suit in San Francisco County Superior Court alleging she was wrongfully terminated and harassed because she is a lesbian.
Categories: Legal

Firefighter Sues LAFD Over Handling of False Allegations

Firelawblog.com - Sun, 09/16/2018 - 17:55
A Los Angeles firefighter who claims he was falsely accused of sexually assaulting a patient, has filed suit accusing the department of defamation and discrimination. Louis Cerda, a 25 year veteran of Mexican-American heritage, filed suit last week claiming that the department’s handling of a female patient’s accusations damaged his reputation and subjected him to adverse employment action.
Categories: Legal

FDNY Firefighter Sues Macy’s Over Injuries

Firelawblog.com - Thu, 09/13/2018 - 19:44
An FDNY firefighter is suing Macy’s Inc. for injuries he sustained at a fire in the Macy’s store on Staten island in 2016. Richard Kane filed suit in state Supreme Court alleging he was "seriously injured" when he fell "due to an accumulation of rubbish and/or waste" on May 14, 2016.
Categories: Legal

Michigan Appeals Court Rejects Union Cat’s Paw Theory in Discrimination Case

Firelawblog.com - Wed, 09/12/2018 - 20:50
The Michigan Court of Appeals has ruled against a Saginaw fire officer who claimed the city’s failure to appoint her acting fire chief, interim fire chief, and fire chief was sex discrimination and/or retaliation. Ona Lee Aguilar filed suit in Saginaw Circuit Court naming the city and Saginaw Firefighters, IAFF Local 102.
Categories: Legal

Burning Question on Cellphone and Social Media Privacy

Firelawblog.com - Tue, 09/11/2018 - 21:13
Today’s burning question: Can the fire department look at what is on my cellphone or order me to given them access to what I post on my personal social media page? Answer: As a general rule no. However, there are exceptions. Take, for instance, a case decided last week involving a Florida firefighter.
Categories: Legal

Cincinnati District Chief Appealing Trouble-Maker Lawsuit

Firelawblog.com - Mon, 09/10/2018 - 20:36
A Cincinnati district chief who twice reported misconduct by other chief officers and thereafter was passed over for promotion, is appealing a ruling by a US District Court in favor of the city. District Chief Raffel Prophett filed suit last year accusing City Manager Harry Black of labeling him as a trouble-maker and blocking his promotion to Assistant Chief.
Categories: Legal

Utah Assistant Chief Charged With Raping Subordinate

Firelawblog.com - Sun, 09/09/2018 - 19:16
An assistant fire chief with the Kanosh Fire Department has been charged with rape, sex abuse and sexual battery after a firefighter reported he had been sexually assaulting her at work over a three-year period. Austin James Corry was charged with rape, object rape, forcible sex abuse, and sexual battery.
Categories: Legal

Austin Challenges Comp Benefits for Firefighter with Cancer

Firelawblog.com - Thu, 09/06/2018 - 20:26
An Austin firefighter who was awarded job-related workers compensation benefits for cancer is now facing a court challenge by the city. Lieutenant Carrie Stewart was diagnosed with breast cancer in 2015. She was awarded comp benefits initially, and that decision was upheld by a three judge workers comp panel.
Categories: Legal

PA Firefighters Sue Engineers For Collapse

Firelawblog.com - Wed, 09/05/2018 - 17:22
Two Pennsylvania firefighters have filed suit against an engineering firm and an engineer who they claim are responsible for a floor collapse that killed two other firefighters during a mop-up operations at a fire scene. Assistant Chief Greg Altland and FF Erik Swanson of the York Fire Department filed separate suits yesterday.
Categories: Legal

Louisiana Firefighter Files $1 Million Race Discrimination Suit

Firelawblog.com - Tue, 09/04/2018 - 17:49
A former Louisiana firefighter has filed suit claiming that he was forced out of his department after he complained about supervisors making racially insensitive comments. Walter Clark filed suit last month in US District Court for the Eastern District of Louisiana naming the Marrero Estelle Fire Department and several others as defendants.
Categories: Legal

Michigan FD Sued Over Junior Program Sexual Assault

Firelawblog.com - Mon, 09/03/2018 - 19:34
A Michigan fire department is being sued by a former junior firefighter who was sexually assaulted by two firefighters while she was participating in the department’s Explorer program. The plaintiff, identified in the suit as Jane Doe, filed the complaint on August 31, 2018 in US District Court for the Western District of Michigan naming Cascade Charter Township and the Boy Scouts of America.
Categories: Legal

Sacramento Firefighter Faces Jail Time and Civil Suit For Fondling Patient

Firelawblog.com - Sun, 09/02/2018 - 19:33
A Sacramento firefighter who was convicted of assault and sexual battery for fondling the breasts of an unresponsive 19-year-old female patient he was transporting, is now facing up to three years in prison. Jared Evans was convicted last week by a Sacramento County jury
Categories: Legal

Wichita Settles Fire Investigators’ FLSA Claims for $155k

Firelawblog.com - Thu, 08/30/2018 - 20:55
The city of Wichita has reached a settlement with six fire investigators who filed suit late last year claiming they were being improperly required to work 204 hours per 27-day work period before being eligible for overtime. The six investigators will split $140,000 while their attorneys will receive $15,000.
Categories: Legal

Compensation For Work While On Vacation

Firelawblog.com - Wed, 08/29/2018 - 18:19
Today’s burning question: We are combination department in which our full-time firefighters are permitted to respond back to alarms. We pay them their overtime rate for the extra time they work. Is it permissible under the FLSA to pay the firefighter twice for the same time?
Categories: Legal

Dispute Over Social Club Prompts Lawsuit Between Volunteer Fire Company and Its Leadership

Firelawblog.com - Tue, 08/28/2018 - 16:35
A dispute over the viability of a Pennsylvania fire company’s social club has prompted a lawsuit to determine if the club should reopen. Three members of the Snow Shoe Volunteer Fire Company filed suit in June to block the social club’s reopening.
Categories: Legal

Ohio Chief Appeals Dismissal

Firelawblog.com - Mon, 08/27/2018 - 16:40
An Ohio fire chief who was fired two weeks ago has filed suit to appeal his termination. Fire Chief Porter “Chip” Welch filed suit today asking the Pickaway County Common Pleas Court to reverse his removal from the Scioto Township Fire Department. Chief Welch was terminated by the township’s trustees on August 16, 2018.
Categories: Legal

Arkansas Firefighter Loses Substitution-Related FMLA Claim

Firelawblog.com - Sun, 08/26/2018 - 20:26
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.
Categories: Legal
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