EMT Forfeits Job By Failing To Appear For Retraining

After being injured while on duty as an EMT for the Borough of Wildwood Crest, New Jersey in 2010, and following two surgeries on his knee, Jasen Mitchell reached the maximum level of rehabilitation before being medically cleared for modified duty. The physical restrictions placed on Mitchell made it impossible for him to perform the duties of an EMT. The Borough offered him a newly created position as a…

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‘Failure To Train’ Claim Must Show Deliberate Indifference

Jo Anne Pepitone is a police sergeant in the Lower Merion, Pennsylvania Police Department. Pepitone sued the Department, alleging that “there have been numerous sexually charged rumors circulating throughout the police department that have contributed to creating a sexually hostile and gender discriminatory hostile work environment,” including rumors that Pepitone had “sexual relationships with her supervisors and members of neighboring police departments” and “was promoted because of a sexual…

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Training Cost Repayment Agreement Cannot Conflict With CBA

The Bennington, Vermont Police Department hired Clay Knight to work as a full-time patrol officer starting in February 2015. As a condition of his employment, the Town required him to sign an agreement promising to work for the Department for three years in exchange for receiving full-time training at the Vermont Training Academy. The agreement provided that if Knight was unable or refused to comply with the three-year commitment,…

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Training Is Not An ‘Emergency’

Jennifer Beckman was an officer with the police department in Peoria, Illinois. On February 26, 2015, Beckman participated in mandatory riot training, which included a briefing/classroom session and a field simulation. During the field simulation, Beckman slipped and fell on the snow and ice-covered pavement, striking her head on the ground. Beckman was asked by her fellow officers whether she could continue, as well as whether she wanted to…

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‘Repayment Of Training Costs’ Contract Not Enforceable

When Kevin Marhefka signed on as a police officer with the Borough of Madison in New Jersey, he received a letter from the Borough’s administrator. The letter informed Marhefka that “if you decide to leave your position to accept another law enforcement position you will be assessed the following penalties in accordance with relevant years of service: (1) $5,000 for the first year; (2) $4,000 for the second year;…

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Training Exercise Not ‘Emergency’ For Purposes Of Post-Disability Health Insurance Law

Steven Garris was a fire lieutenant with the Village of Lake Zurich in Illinois. On March 1, 2012, Garris participated in an exercise called “Personal Escape Bags Inservice.” The exercise involved the use of rappelling equipment designed to assist firefighters escaping from buildings. While performing the exercise, Garris sustained a broken ankle. Garris’s injury was caused by “his weight acting as force against the injured extremity while rappelling.” Garris…

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