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Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5766
Experience:  20 years professional experience
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I was in law enforcement with a municipality. Accusations

Customer Question

I was in law enforcement with a municipality. Accusations came down on me from an informant and several of her friends and family. The accusations consisted of drug sales, promoting prostitution, falsifying a traffic stop, and failing to document all informants. This occurred in Nov 2013 and I was terminated Feb 2014. I was offered a chance to resign two times but refused both times. Prior to refusing I was threaten that not resigning could lead to me losing my city paid pension, further investigation, and possible other charges. I was set for a hearing but 3 weeks prior to it the union refused to represent me bc to little chance of winning and bc it cost around 3000. Subsequently I did not attend hearing, was terminated for improper relationship w informant, paying for information, and falsifying traffic stop along with my pension taken after vote of police commission, and unemployable since I'm law enforcement. I have yet to be charged w any crimes. Should be noted pensions have not been taken from anyone ever including indicted officers who served federal prison time.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Maverick replied 1 year ago.

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Customer: replied 1 year ago.
Can the department take my city paid pension that I'm vested in by just a vote and can I sue for wrongful termination?
Expert:  Maverick replied 1 year ago.

Wrongful termination suits can be based on the following types of violations:

  • If the reason for your termination appears to be based on your age, race, sex, nationality,etc.
  • If you had an employment contract with the city and the contract terms were violated
  • If the city terminated you in retaliation for reporting company violations to authorities
  • If the city violated employment policies where it treated you differently than others under similar circumstances.

So, for example, if the employment practice has been not to take away pensions and for some reason they are singling you out for this punishment, yes, you could have a viable wrongful termination claim.

Customer: replied 1 year ago.
I'm past the department had officers serve prison time and a separate one charged with assault 2nd. Both these officers resigned. I refused to resign and had mine taken. No where in rules and regs does it say the city can just take it.
Expert:  Maverick replied 1 year ago.

So, there must be some procedures in place that address when and under what circumstances the city can take the pension. They must uniformly either apply those rules and procedures. It cannot be done on a selective basis. Without seeing all those internal regulations, I am somewhat limited here.