OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Physical And Emotional Condition

Termination

Termination

Firefighter with neck and back injuries diagnosed as being unable to perform some essential physical functions of the job. While no one had been injured because of the firefighter’s performance, the Court found that there is no rule an employer must wait until a firefighter’s unfitness has resulted in injury before addressing the danger posed by the firefighter’s continued service.

Dowrick v. Village of Downers Grove, 2005 WL 3445995 (Ill.App. 2005).

Sexual Misconduct

6-Month Suspension

6-Month Suspension

Married firefighter had sex with girlfriend on numerous occasions while at fire station. Firefighter unable to prove that settlement agreement that resulted in discipline was entered into under duress.

Littrell v. City of Kansas City, Missouri, 2005 WL 3448042 (W.D.Mo. 2005).

Substance Abuse

90-Day Suspension And Demotion From Engineer To Firefighter

90-Day Suspension And Demotion From Engineer To Firefighter

Engineer admitted to repeated cocaine and marijuana use over a number of years. The Court found that Department rule that members shall “obey all laws” was not unconstitutionally vague.

Madden v. Board of Police and Fire Commissioners of the City of Madison, 2005 WL 3488445 (Wis.App. 2005).