Recent events in Mendocino, Lake, Napa and Sonoma County have highlighted the perils that firefighters face in the line of duty every single day. These heroes put their lives in danger in an attempt to salvage homes and businesses, not to mention crops, livestock, and of course, human life. For the most part, their bravery is rewarded with public adoration and appreciation. Sometimes, firefighters are placed in unpleasant situations that are legally untenable. In such circumstances, they have no choice but to seek local legal counsel.
Recent Firefighters Cases in the News
- When firefighter Todd Milan spilled the beans on an OSHA violation that occurred, putting him in a particularly dangerous situation, he felt the response from his department was outright retaliation. A jury thought the same thing, awarding him over $2.3 million for emotional distress, past and future wages, and legal fees.
- Santa Rosa firefighters filed suit in District Court in the spring of 2017, alleging an improper calculation of overtime pay. According to the suit, they wish to be reimbursed for the past three years of work, in addition to attorney’s fees. Why three years of back pay? That is the time frame allowed by the Fair Labor Standards Act.
- A 27-year veteran firefighter in Los Angeles won a lawsuit in which he was awarded damages of over $1 million for racial discrimination, harassment, and retaliation. According to the suit, Jabari Jumaane’s captain falsified performance evaluations with the sanctioning of his battalion chief. Jumanne was disciplined, and even suspended for the poor evaluations. After over two weeks of deliberation, the jury found in favor of Jumaane.
- Merely hours after learning of needed neck surgery, Chula Vista City fired their fire chief, James Garcia. He filed suit claiming discrimination based on a disability. The jury agreed, awarding him over $1 million.
Do Not be Deterred by the Fireman’s Rule
In addition to injustices, firefighters may wish to file civil suits base on injuries that occur during the workday. Because Workers’ Compensation laws seem adequate to cover injuries, the California Fireman’s Rule disallows firefighters from filing civil suits based on workplace injuries. However, there are specific exceptions to this rule:
- When the injury was intentionally caused;
- When unintentional actions occur that lead to injury, and the person causing the injury knew or should have known a public safety officer was involved;
- When statutes, regulations, or ordinances created to protect public safety officers are ignored or violated.
Examples of Successful firefighters Civil Suits
- When it is found that a fire is the result of arson, a firefighter my sue the arsonist;
- When building violations result in harm to the firefighter, the property owner may be sued;
- When intentional misinformation is given to firefighters and that results in harm, a civil suit may be filed.
If you are a firefighter in Sonoma County, Mendocino County or Lake County California who is looking to right a wrong in the system, contact the experienced labor and employment law team at Beck Law P.C. in Santa Rosa. We pride ourselves in fighting for justice for our clients.
BECK LAW P.C. – SANTA ROSA – PETALUMA – UKIAH – LAKE COUNTY