Background — Setting and Issues of the Case
In 2008, 49-year-old Brian Schafer was fired from his job as a battalion chief with the Pompano Beach Fire Department in Florida. Chief Harry Small stated that Schafer’s failure to take charge at the scene of two different firers was the reason for the termination. Small also asserted that, when questioned about the incidents, Schafer had lied when he claimed that two other qualified firefighters were already in charge by the time he arrived at the scene.
Supported by his union, the Pompano Beach Professional Fire Fighters Union, Schafer contested his dismissal, noting that in his 27 years with the department he had never once been reprimanded, and had received exemplary performance reviews from his superiors. In accordance with the union contract, the case went to arbitration. Schafer, who at 49 was a member of a protected class (40 and older) under federal employment discrimination law, claimed that the department failed to follow due process when it terminated him
An additional issue involved in the case was the fact that, shortly before being fired, Schafer had been elected president of the union. According to the local Sun-Sentinel newspaper, Schafer stated, “Until I made union president, I had not a shred of criticism or discipline in my file. I was an exemplary employee.”
Summary of Critical Findings
In March 2010, Schafer was reinstated to his job as battalion chief, receiving two years back pay. The arbitrator found that, while Schafer was “indeed neglectful,” he did not deliberately avoid taking charge at the fires and he did not lie about his conduct. Because of this neglect, the arbitrator ordered that a written reprimand be placed in Schafer’s file and that he be required to go to counseling to learn how to “improve communications with his supervisors.” Significantly, the arbitrator also noted the discovery of an email from Chief Small that referred to Schafer as “a union goon.”
Final Legal Disposition
Ten days after his reinstatement, Schafer sued four supervisors in the department, alleging that they engaged in a conspiracy to have him fired. The four were Chief Small, the chief of EMS, the chief of operations, and an assistant fire chief. Schafer sought a jury trial and an additional $15,000 in damages for stress, humiliation, and loss of standing the community.
On October 15, 2010, a Broward Circuit Court judge dismissed Schafer’s suit as being without merit. The Sun=Sentinel quoted one of the defendants as saying that the four held no grudges against Schafer.
Personal Opinion
I think that the arbitrator and the judge both made good decisions in this situation. Reading between the lines, I came to believe that there was mutual hostility between Schafer and his supervisors and it probably had to do with Schafer’s leadership of the union. While it is entirely plausible that the four supervisors conspired to fire Schafer, that can’t be proved. Furthermore, Schafer likely behaved inappropriately and, while not justifying dismissal, the behavior probably did deserve some sort of reprimand. The supervisors went too far in firing him, and they probably did disregard established due process policies when they fired him. Certainly referring to Schafer as a “union goon”—in writing, no less— was not appropriate, so I think that the four supervisors also deserve some sort of disciplinary action. Given the quote about not holding grudges that appeared in the newspaper, I think it is safe to assume that the four were at least reprimanded for their unprofessional conduct and cautioned not to engage in reprisals against Schafer.
As for Schafer’s lawsuit, it was entirely right of the judge to dismiss it. This whole thing was a personal conflict that took place in a polarized, union versus management environment among a group of guys who didn’t mind tying up the court docket and spending public money on legal fees in attempts to harm one another.
References
Barszewski, L. (2010, October 15). Case dismissed against the four fire officials. The Sun- Sentinel, n.p.
Nolo.com (2010, February 1). Employment discrimination law in Florida. Retrieved from
https://www.nolo.com/legal-encyclopedia/florida-employment-discrimination-32083.html
Trischitta, L. (2010, March 30). Pompano Beach firefighter wins job back after dismissal. The
Sun-Sentinel, n.p.
Trischitta, L. (2010, April 9). Pompano Beach firefighter sues supervisors. The
Sun-Sentinel, n.p.
