Washington settles federal lawsuit with terminated firefighter
The city of Washington has settled a federal lawsuit with a former firefighter who accused officials of wrongfully terminating him.
The $750,000 settlement with Gary Baker Jr. was finalized in October after the firefighter was terminated in 2019 and he filed the federal lawsuit later that year.
Baker had worked as a city firefighter for more than nine years when he got into an argument with another firefighter at a scene on Nov. 2, 2018, prompting the department to place him on administrative leave a week later, according to his lawsuit. City officials wanted Baker to be evaluated by a psychologist for “aggressive behavior” in at least two other incidents, and began discussing options, although they did not involve termination at the time, the lawsuit states.
When the psychologist refused to evaluate Baker, the city required him to participate in an employee assistance program. Baker later filed for federal Family and Medical Leave Act for time off and provided a doctor’s signed certificate with it, but it was later denied by the city.
After much back-and-forth between the two sides, city officials wanted to give Baker a hard deadline to return to work, the lawsuit states. Baker Jr. eventually filed a complaint in federal court and also accused the city of discrimination for alleged violations of the federal Americans with Disabilities Act.
The lawsuit claims Baker eventually returned to work in May 2019, but was given a “pre-disciplinary hearing notice” for three incidents in 2018, which could lead to suspension or termination. City officials decided the following month to terminate Baker despite him not being reprimanded for any previous incidents, the lawsuit claims.
Baker’s lawsuit claims his termination was not justified and that the city’s actions were “retaliatory and discriminatory.”
Washington Mayor Scott Putnam said the settlement was approved by City Council in October, but he had no comment on the lawsuit. The settlement is dated Oct. 8.
Baker will receive $429,457 in lost wages, benefits and compensatory damages, while his Pittsburgh-based attorney, Robert Bracken, will receive the remaining $320,543. The settlement money will be paid by the city’s fire insurer.