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Tuesday, September 15, 2015

Fire Law with Curt Varone


Michigan Firefighter Sues Over Disability Pension Denial

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A Michigan firefighter who was terminated in 2014, and who is currently suing in federal courtclaiming a violation of the Family Medical Leave Act, the Age Discrimination in Employment Act, and Michigan’s Elliot Larsen Civil Rights Act, has filed a second suit against his former employer, this time in state court.
Scott Rhodes was the Assistant Fire Marshal for the City of Dearborn. He was terminated on July 12, 2014 following a contentious divorce that spilled over into his work life, and contributed to workplace stress necessitating medical leave.
Just about a year ago, Rhodes filed suit against the City of Dearborn in federal court. Today he filed a separate suit against the City of Dearborn’s Pension system and its Trustees over the denial of his request for a disability pension. The complaint alleging three counts: a violation of Rhodes’ due process rights by denying him hearings/appeals; a due process violation on account of vagueness in the ordinances establishing the pension system; and a due process violation titled “unbridled discretion” that suggests improper motives and conflicts of interest led to a less than objective decision being made on his request for a disability pension.
Here is a copy of the complaint, which was filed pro se: Rhodes v Dearborn Pension System

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ABOUT CURT VARONE 

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
 

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