ENGLEWOOD, N.J.—An attorney representing nine firefighters denied employment by Englewood filed an amended civil complaint Aug. 8 against the city alleging “wrongful termination” under state law and demanding back pay and immediate reinstatement.
In late-May, attorney Michael Prigoff filed a complaint against Englewood citing three counts, including breach of contract, breach of conditional offers of employment, and racial discrimination.
‘Wrongful termination’
The latest amended complaint charges “wrongful termination” as the hired Englewood firefighters were terminated “without providing advance notice of written charges and without providing a hearing to the plaintiffs.” It also adds that the termination was not based on “just cause” and that due to these law violations the hired firefighters “suffered damages.”
The firefighters were advised to leave their current jobs to be ready to accept employment in Englewood, and when former City Manager Ed Hynes’ email rescinded their employment offers, most of the 15 firefighters were unemployed, having left career positions with well-paying salaries after being advised to do so.
The amended legal charges stem from conditional offers of employment sent out to 15 firefighters in early 2019, and an email from Hynes, who withdrew the offers of employment three months later in early April.
Their city employment was rescinded in an April 11 email after all the firefighters had been fitted for gear and spent a full-day at orientation April 8 at the city’s fire house on South Van Brunt Street.
In the termination letter sent April 11, Hynes cited an unapproved city budget as the reason for not hiring the 15 firefighters or enabling them to start the county Fire Academy as scheduled for the following week.
Prior to Hynes’ email rescinding the firefighters’ hiring, the lawsuit alleges that in March “a group representing African American firefighters in Englewood, and other persons, called upon Englewood’s governing body to discard the appointment list, as they claimed that the candidates scheduled for appointment, including all of the plaintiffs, were neither residents of Englewood nor were African American.”
At a City Council meeting May 21 just prior to nine firefighters filing a legal complaint against Englewood, the council adopted a residency preference ordinance for police and fire department hiring, which had been discussed on and off for months.
Council action had been postponed in 2018 on a similar preference ordinance after discussions in April, July and September 2018, the last time due to consultations with labor counsel Genova Burns following months of council discussion and consideration.
Residency preference ‘illegal’
The firefighters lawsuit claims the residency preference ordinance is illegal because it “would prohibit existing non-resident fire and police employees from being considered for promotion if resident employees were seeking promotion to the same position, in violation of state law.”
The complaint states Prigoff asked the city to amend the ordinance to only apply to future appointments to entry level positions but nothing was done.
The amended lawsuit cites Hynes, the City of Englewood and interim City Manager Jewel Thompson-Chin.
‘Because of their race’
“The actions of defendants Englewood and Hynes in terminating the employment of plaintiffs and adopting the [residency preference] ordinance were done with the intention of removing and preventing the re-appointment of plaintiffs because of their race (Caucasian and Hispanic) and with the intent to appoint African American candidates in their place,” states the lawsuit.
The lawsuit directs Thompson-Chin to “treat and pay” each plaintiff as a city firefighter, asks for “compensatory damages” against Englewood, attorneys’ fee and costs, and “other and further relief as the court deems equitable and just.”
The firefighters’ original hire date was April 8 and the lawsuit asks for payment since hiring.
Offered jobs in January
Teaneck resident Sebastian Rollo, who was hired as a probationary firefighter along with 14 other candidates, received a letter in late January sent by Daria Trumpet, city human resources director, offering him employment as a probationary firefighter.
A follow-up letter was sent April 5 from human resources specifying April 8 as firefighter orientation, which all probationary firefighters attended, and April 15, when probationary firemen were to begin Fire Academy.
In a letter dated April 11 signed by Hynes and sent to probationary firefighters, he said that the city “cannot offer you employment as it is currently preparing its budget for the fiscal year” and “as you have been informed, your employment with the City of Englewood is contingent upon the budget.”
The letter noted that due to the budget situation, the city “cannot send you to the academy at this time. We apologize for the inconvenience,” wrote Hynes.
The letter was copied to Fire Chief Erik Enersen.
Reached by Northern Valley Press Aug. 12, Rollo said if all probationary firefighters currently challenging the city were to be reinstated as probationary firefighters, the total back pay due them would be about $180,000, due to an annual starting salary of $38,000.00.
On Aug. 12, at 4:40 p.m., Englewood filed an answer to the terminated firefighters’ complaint in Superior Court Civil Division, Hackensack, which denied every allegation. The Aug. 12 filing did not address any new charges lodged by Prigoff on the firefighters’ behalf, including “wrongful termination.”
The 14-page response lists 45 “separate defense(s)” citing state laws that limit liability on parts of the city, Hynes or Thompson-Chin. Prigoff has not yet responded to the city’s filing.
Overtime nearly $1 million
One day before filing suit against the city, five of nine firefighters spoke at a May 21 City Council meeting, appealing to members to “do the right thing” and give them their jobs back rather than taking on a court battle and leaving the city unprotected.
In the meantime, the firefighters charged, the city would be forced to pay more overtime due to a lack of available firefighters.
The lawsuit notes when the city adopted its 2019 budget, it approved a $5,822,000.00 annual fire department budget with $960,000 for overtime.
The suit notes that amount was $750,000 in 2018 and only $500,000 in 2017.
Rollo said in May that the firefighters preferred to fight fires rather than city hall.
‘Blatant discrimination’
“We have not done anything to deserve this treatment, embarrassment, and more importantly, this blatant discrimination. We want to resolve this and work for the city. We want to serve the community to the best of our ability. The truth is we want to be firefighters for the City of Englewood,” Rollo said then.
Michael Kraus, of River Vale, said he left his job as a New York City police officer when he was told he would be hired as a city firefighter. He had worked with Englewood Hospital emergency medical services and volunteered as a firefighter in Tenafly.
“I’ve had to move back home with my parents, struggle to pay bills, hire a lawyer, be embarrassed. I never expected that my life would be ruined because of this political nonsense,” said Kraus.
“As city officials I’m sure you realize how your decisions and actions are impacting lives. Do the right thing, right now; we just want our jobs,” he said May 21.
Efforts to reach City Council attorney William Bailey were not returned by press time.