Firing Of North Richland Hills, Texas Ex-Assistant Fire Chief Not Age-Related, City Says In Trial
For the next 25 years, he worked his way from firefighter to assistant fire chief.
He was fired in 2001, he claims, because the city believed he was too old for the job. He was 48 when he was dismissed in July 2001.
On Tuesday, Hughes was in court fighting to get his job back and about $1 million in damages.
But an attorney for the city said Tuesday morning that Hughes was fired for unsatisfactory work and disruptive behavior.
Hughes' civil lawsuit against the city is being heard in State District Court No. 48 in Fort Worth.
Fort Worth lawyer Bettye Lynn told a Tarrant County jury that Hughes actively opposed Fire Chief Andy Jones when he was hired to run the department in 1998. Hughes was a candidate for the position.
Hughes "was very certain that he was going to get the job," Lynn said in an opening statement.
"When he didn't get it, he never supported the changes in the department or the fire chief."
Lynn noted that Jones has a college degree, while Hughes does not.
Hughes received two bad performance reviews in 2000 and 2001 that led to his firing, said Lynn, who represents the city.
Hughes complained to the U.S. Equal Employment Opportunity Commission and the city, but a police internal investigation determined that the Fire Department had not discriminated against him.
But officials with the EEOC told the city after an investigation that Hughes had been discriminated against because of his age.
Five other former fire officials also filed complaints with the EEOC claiming age discrimination.
Two of the complaints were upheld by the EEOC, but information was unavailable on the other three.
"He's with the department for 25 years, and all of a sudden he gets two below-expectations reviews," Chris Medlenka, Hughes' attorney, said in his opening statement. "Shortly after Jones was hired, Jones says that he is out 'to get rid of the dinosaurs.' The city wants you to believe that Hughes was just stirring up the troops. Evidence will show you that that wasn't the case."
Hughes' health benefits were taken away when he was fired even though he completed 25 years of work and there were no written policies on that issue, according to testimony by the city's human resource director, Patrick Hillis.
Hillis also testified Tuesday that he didn't believe Hughes was the victim of age discrimination.
He said he didn't believe Jones made the remark about dinosaurs, "and if he did, he meant the operation of the department."
Testimony will resume today in Fort Worth.
