Ferrand Obtain Dismissals of Employment Lawsuits

Sterling Heights Attorneys  Obtain Dismissals of Employment Lawsuits

Sterling Heights attorneys Timothy Ferrand and Jason Thomas recently obtained dismissal of two employment lawsuits filed in Federal Court.

The first lawsuit was filed by a female police officer who was disciplined as a result of work rule violations.  Those violations included leaving a run without permission, engaging in an off-duty bar fight and getting into an off-duty automobile accident.  The officer was suspended with pay and told to remain “fit for duty” during normal work hours.  The officer violated the terms of her suspension by leaving the county to travel to northern Michigan without permission.  The officer was terminated.  She filed suit alleging sexual harassment. 

The United States District Court, in a 30- page opinion, dismissed the lawsuit finding legitimate, nondiscriminatory reasons for the termination, including rule violations, insubordination and abandonment of duties.  The Court found neither factual nor legal support for the officer’s assertion that she was treated differently because of her gender. 

The second lawsuit was filed by a male police officer who was suspended and ultimately terminated for work rule violations arising out of suspected substance abuse.  While off-duty, the officer was found asleep in a motor vehicle.  He was not arrested or charged with an alcohol-related offense; however he was suspended by the department and ordered to undergo substance abuse treatment.  He was subsequently involved in a series of off-duty incidents that led to his termination.  The officer sued alleging age discrimination. 

The Court granted the City and the Chief’s motion and dismissed the action based on the officer’s failure to file witness disclosures, failure to answer interrogatories and failure to appear for deposition.

Timothy S. Ferrand, a partner in our Sterling Heights office, concentrates his practice on municipal liability defense and labor and employment law.  He can be reached at (586) 731-5000 or tferrand@cmda-law.com.

Jason J. Thomas, an attorney in our Sterling Heights office, concentrates his practice on municipal liability defense, insurance defense and health care law.  He can be reached at (586) 731-5000 or jthomas@cmda-law.com.