Lawsuit over denial of membership?

[Ron3427]

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[drparasite]

just remember, many of the guys who are on signal99 are also on firehouse.com

[Ron3427]

I was going to provide a link to my thread but signal99 makes you sign in so I figured I would spare this group the story.

[NYSmokey]

Has anyone one here been sued for denying membership to an applicant and if so what were the conditions and the outcome? Thanks again guys

More details would be necessary to give an opinion and it's just that an opinion from someone without a law degree.

[Ron3427]

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[Dalmatian190]

Nope.

There's very few people who will spend $10,000+ on the principle of the matter over a volunteer (or minimally compensated) fire department membership.

If you have a Equal Oppurtonity or some such violation with a career position, now you have something (a salary) you can use to assess damages on and for an attorney to earn a 1/3rd or so contigent fee on if he wins. Start taking a couple years of salary plus interest, that's not a bad kitty of money.

Maybe for a combination department were the volunteer side is sometimes or always a bridge to a paid position you have a stronger case.

I'm sure it could be done, and would be fascinated to hear the details of the case or potential case.

Because the plaintiff has to show the judge something -- financial damages, a nuisance to abate, violation of a specific statute -- that would over-ride the general principle of freedom of association.

[Dalmatian190]

Well,that was an interesting afternoon's read.

First of all, anyone who does hiring will (should?) not give a specific answer to why someone is not hired. "You simply weren't a good match for this position."

Because I went and visited the Signal99 site, and now that I've finished laughing my *** off:

The bottom line is this Ron:

If you had any case what so ever, as long as the department you're ****ed at keeps gives you the answer above...this case will never see the light of day.

You sue.
Their attorney shows your attorney the transcript from Signal99.
Your attorney looks at you and says, "Moron."
And the case goes away without even so much as talk about settlement.

The dramatization if it went to court would be simple:
"Mr Fire Chief, why did you reject the candidate?"
"It was our impression he lacked maturity; lacked discretion; was likely to act with contempt to our officers; likely to deliberately disobey policies, procedures, and orders; and in general would not act in the best interest of our organization."
"Well that's quite a strong belief? Do you have anything to corroborate such an opinion?"
"Well your honor, here's a print out of a online discussion he had shortly after our decision in which he stated in various terms and at various times his contempt for our officers, our administration, our department; that he won't adapt to fit in; that he want's to provoke events to force change; doesn't care that he's aggravated people; and would prefer to be hated then abide by a process."
"Summary judgement is entered in favor of the Defendant. Case dismissed."

In a nutshell Ron:
Drop the idea of a lawsuit and grow up.

Matt

[ElectricHoser]

Makes me want to register at signal99 just to see the rest of the story .... but seeing as I am not a NY area firefighter.... I can catch the general drift from Dal's closing argument here and be content with it.

[FlyingKiwi]

And get rid of the IACOJ tag as requested in my PM to you.

[Ron3427]

you guys have no idea

[Dalmatian190]

Ron, take a look in a mirror next time you say those words.

[nmfire]

The village called. They are looking for their idiot.

[Ron3427]

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[nmfire]

In that case, this planet is doomed. I might as well go off myself now and get it over with before I have children that will have to put up with you too.

[Firetacoma1]

can't get me down, i know i'm right. Small minds won't stop change, you'll all die off in good time. untill then, screw you.

That's how to make friends. You stated you have a meeting with their Chief tomorrow. If I were you I'd bite my tongue at least until after that meeting took place. You should have a better idea of why they denied you, and probably make you look pretty foolish (more foolish?) in front of the membership of at least 2 forums, and an entire county in NY.