Jerry_Leonard
New Member
BACKGROUND: Experienced police officer with thirty years background. Went to work with new police department (small town) and was in service for just two days short of six months. Old chief of police, with twenty three years service with the department and a great guy, was replaced by the mayor with a new yahoo with an attitude who was his brother's best buddy. Just before my old chief was replaced and demoted in lieu of the new chief, the old chief promoted me to Captain of Police. Citing a probabtionary period, the new chief calls me in and fires me on 6 December at 7:00am, just thirty minutes before the shift ended. Prior to this, I had been injured on two occasions during investigations and arrests and had filed a workers' comp. Claim. Also, the old chief and I had a city councilman under investigation and the new chief and the mayor became aware of this from my report of investigation. The long and short of the matter is that the mayor and chief are saying that they had the right to fire me as a "probabtionary officer" just two days before the end of the six months period and all without any reason or any disciplinary actions or adverse reports at all in my file. In fact, I had not only been commended for my actions and investigations, but was promoted to "Captain," by the old chief. The old chief was demoted right before he could get retirement.
Under KY law, there is a process by which all law enforcement officers must be handled in terms of allegations and or investigations, and or disciplinary actions and terminations. The city also has a current ordinance which clearly states that a police officer can be discharged only for "just cause." I was simply told that I was terminated and their entire ball of wax seems to rest on the question of whether I was a "probationary" officer, even though I was a Captain and the state law makes no reference to anyone being a probationary officer if they are an experienced, academy qualified police officer. There was a probationary agreement which I was forced to sign at the time of employment but my opinion is that this was an implied contract which bound both parties to satisfactory performance. I have also applied for retirement based upon my injuries and my contention is that they also violated the Americans with Disabilities Act and have failed to authorize medical treatment and fired me for having filed a claim. I have filed a pro se suit in circuit court based upon these premises. What is your opinion?
Thanks,
Spook
Under KY law, there is a process by which all law enforcement officers must be handled in terms of allegations and or investigations, and or disciplinary actions and terminations. The city also has a current ordinance which clearly states that a police officer can be discharged only for "just cause." I was simply told that I was terminated and their entire ball of wax seems to rest on the question of whether I was a "probationary" officer, even though I was a Captain and the state law makes no reference to anyone being a probationary officer if they are an experienced, academy qualified police officer. There was a probationary agreement which I was forced to sign at the time of employment but my opinion is that this was an implied contract which bound both parties to satisfactory performance. I have also applied for retirement based upon my injuries and my contention is that they also violated the Americans with Disabilities Act and have failed to authorize medical treatment and fired me for having filed a claim. I have filed a pro se suit in circuit court based upon these premises. What is your opinion?
Thanks,
Spook