How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6422
Experience:  20 years professional experience
Type Your Employment Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

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.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

(A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here;

(B) When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and

(C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours.

Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms.

Answer will follow in the pane below as per above parameters….

1. Can you please state your specific legal question so we may better assist you?

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.