Shawnee Township, Ohio Firefighter Threatens Suit Over Sick Day Issue

LIMA — A former Shawnee Township firefighter fired for violating department policies, including drinking beer at a sports bar on days he called in sick, plans to sue the department, his attorney said Monday.

Worthington attorney Fazeel Khan said he plans on filing legal action on behalf of Paul Way against the Shawnee Township Fire Department. He said Way was wrongly terminated for minor infractions that happened during a 14-year career.

Khan also said the lawsuit will hold the fire department responsible for discriminatory practices, including discrimination against religious minorities, homosexuals and women. He said disturbing pictures of firemen giving each other “the Nazi/Hitler salute” were publicized and part of a slide show presentation at a banquet.

“We believe Mr. Way was targeted, harassed and treated unjustly simply for his opposition to discriminatory practices and a general culture of bigotry rampant at the Fire Department,” Kahn said.

Reason for discipline

Chief Todd Truesdale said Way was terminated for violating department rules.

Way was fired Dec. 11 after his improper use of sick time. He called in sick to work between Sept. 12 and 14 but was spotted twice having lunch and drinking beer at a local sports bar. The visits were verified through bar receipts and a video tape. Department policy says an employee is not allowed to participate in social or recreational activities while on sick time.

Disciplinary records show Way had a promising career at the department, working his way to platoon chief. Records paint him as an employee who became disgruntled, which he addressed in a 2011 email to Truesdale. In the email, Way said he had developed a bad attitude and was considering leaving the department. He said having a negative attitude was not good for the department.

“I really don’t want to have a bad attitude,” Way wrote. “I don’t want the guys I have trained to see that from me.”

The email suggests Way and Truesdale were once good friends, only to have the friendship deteriorate.

Way was demoted to firefighter/paramedic on Sept. 6, 2012, with a lower pay rate following an exchange of emails and other communications with two other platoon chiefs, John Norris and Matt Briggs.

In July, Truesdale issued Way a written reprimand. Truesdale expressed concern about Way spreading negative views about the department’s operation through emails inside and outside the department.

“We have had several conversations and meetings over the last year about not letting your frustration interfere with you (sic) communications with myself and other department members. The last e-mail you sent out does nothing but continue the process of agitating the situation and not setting a good example as a company officer to handle these situations,” Truesdale wrote.

The day after the written reprimands were issued, Way sent out another negative e-mail violating the department policy, for which he was just disciplined. That led to his demotion, Truesdale said.

Way was on administrative leave following the second disciplinary process. The first day he was scheduled to return, Sept. 12, Way called in sick. He was spotted that day at a sports bar which led to his termination, Truesdale said.

Truesdale said Monday the two other platoon chiefs received written reprimands, just as Way did.

“It was not something I want to see that was sent out to our membership,” Truesdale said.

The written reprimand served as a warning and could have been removed from Way’s personnel file after 18 months.

Emails turn nasty

The e-mails exchanged between the platoon chiefs became abrasive.

“It is too bad that we are the laughing stock when it comes to drama. I truly hope the next generation of FF’s at STFD do away with this nonsense and appreciate the job that we all once loved,” Briggs wrote.

In another series of emails between Mike Smith, the former union president for Shawnee firefighters; Way; and Platoon Chief John Norris, Way expressed frustration over how Smith was addressing an issue with overtime at the department.

“Why did you not mention anything about this issue when I saw you this morning if you had a problem with it? This seems kind of chickenshit to me,” Way wrote.

Norris replied, “Wow…Thats (sic) a reply from a TRUE LEADER. Why don’t you just grow up and be the leader you profess to be.”

Norris was the only employee who used the department’s email in the exchange. Way and Smith used their personal email accounts. Truesdale was upset the measure surfaced in the township’s email.

Way replied to Norris: “Hard to take that comment too seriously coming from someone like you.”