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Can a Boss Fire a Volunteer Firefighter?
i was at work and the pager went off and my boss told me if i leave he would fire me. can he legally do this. is there a law that help the vol firefighters.
Replies to This Discussion
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Permalink Reply by zack on
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PAST IN 2004 BY W.D.C
RCW 49.12.460
Volunteer firefighters, reserve officers — Employer duties — Violations.
*** CHANGE IN 2010 *** (SEE 6647-S.SL) ***
(1) An employer may not discharge from employment or discipline a volunteer firefighter or reserve officer because of leave taken related to an alarm of fire or an emergency call.
(2)(a) A volunteer firefighter or reserve officer who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director. The volunteer firefighter or reserve officer may allege a violation only by filing such a complaint within ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated. Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.
(c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer firefighter or reserve officer may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.
(b) "Employer" means an employer who had twenty or more full-time equivalent employees in the previous year.
(c) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(e) "Volunteer firefighter" means a firefighter who:
(i) Is not paid;
(ii) Is not already at his or her place of employment when called to serve as a volunteer, unless the employer agrees to provide such an accommodation; and
(iii) Has been ordered to remain at his or her position by the commanding authority at the scene of the fire.
(f) "Reserve officer" has the meaning provided in RCW 41.24.010.
(4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section.
[2004 c 44 § 1; 2003 c 401 § 5; 2001 c 173 § 1.]
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Permalink Reply by Raymond Herington on
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That is up to the place of employment. Not coming to work because your at scene or been on one all night or day should definitly be excused or waived. Where I work if you live in the area and are on the Fire Dept. and you absolutly have to go, they have no problem letting you go. On my volunteer dept. I tell my guys work comes first, don't put your livelyhood at risk, there is mutual aid, but if the call is severe enough, they should let you go. Check your state and local protocalls, and your depts. S.O.G.s and bylaws and go from there.
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Permalink Reply by Seth Yahraes on
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In PA theres a law saying that he cant fire you for being late to work only dock time you missed. Im unsure about leaving. He also cant dock anymore than the time you missed.
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Permalink Reply by perry firefighter cert on
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In the pass few years I have been wondering the same question I can recall this question came up when I got a job with The convention center I worked in the restaurant part of company When I was hired I was afraid To mention being a fireman because I didn't Want them to think I was not a person For the position after getting The job I waited Month's Before Mentioning. It to my management I was lucky Because They had time to get to know me and allowed Me to leave. This not being Each Person situation. It was my understanding That military And volunteer firefighters full-time Or part time were allowed. To leave were allowed. Emergency Also it depends on employer needs and what they understand About you and times You may get called. Their. Is a law that State the facts Regarding This but also you have to get employer in your corner
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Permalink Reply by FETC on
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Well yes he can. You got to remember in this economy, not sure what you do, but your boss is in the business of making money to pay his bills, pay payroll and make some money. Firefighters leaving in certain professions can be impossible to maintain a business model.
I believe the only protection you have, is if you came to work late because of an emergency call.
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Permalink Reply by Wayne Peterson on
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The truth of the matter is your company is hiring you to be at work, not taking time off to play Firefighter, however some bosses, myself included understand and if not a conflict with work go. As I am self employed there are lots of calls I don't make and many that I do. Nobody to answer to but myself, but sometimes I just can't go as much as I would like, my customers are my boss.
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Permalink Reply by Paul Montpetit on
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Gary...it depends on your State and every one is different...it also tends to depend on the Employee and their track record ...not saying it as an issue in your case...but some have abused the priviledge and now others must pay the price.
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Permalink Reply by Ron Ayotte on
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You have a commitment to provide your employer with a specified amount of hours, for which the employer compensates you.
If you work an 8 hour day, that leaves you 16 in which to volunteer.
Your family (the one you live with, not the one at the firehouse) comes first.
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Permalink Reply by Norm Tindell on
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Unless you have an unbelievably good job there may be a career change in your future. I'm very fortunate to work for someone who is a beleiver in community service. Sounds like you work for the old man from A CHRISTMAS CAROL. (Don't know of any laws.)
Ron has an excellent point, though. Family, school and job should come first.
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Permalink Reply by Bryce Wilkens on
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Without having read all 8 pages of posts to see if this has been mentioned, I believe there is a clause in the Homeland Security Act that protects volunteers...I have a copy at the fire department and will try to scan it (or copy it) into this post.
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of course, with that said, I wouldn't abuse it either.....no one needs to go on every call...
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Permalink Reply by Art "ChiefReason" Goodrich on
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States that have leave policies state that you cannot be terminated for getting to work late or missing work all together because you were on a valid incident that MAY require a letter from your chief to verify. This "leave" act does NOT allow you to LEAVE work to respond to an incident. In most states, that would be called job abandonment, insubordination at the very least and you would likely be denied unemployment benefits for these reason.
I believe that the clause that Bryce is referring to in the HSA provides protection to anyone who is a volunteer and on a team activated by the President to a disaster. You might very well be asked to provide proof of this to your employer as well. Believe it or not, there are those in the fire service who would take advantage of the laws. In fact; I recall a case where the firefighter said he was dispatched to Katrina, when in fact, he was working a side job AND getting paid by his department while he was gone. Fortunately, he was caught.
Stay at work. It will save your job. You have the rest of the day to save the world.
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