Melnyk sued claiming breach of the collective bargaining agreement (not following the proper procedure for selecting doctors) breach of the implied obligation of good faith and fair dealing violation of Rhode Island’s Whistleblower Protection Act over the concerns he raised over the inspection status of the trucks and for reporting the altercation to the police and violation of his First Amendment rights by retaliating against him for reporting the altercation to the police and his complaints about the promotional process. His sick leave was exhausted in February, 2019 and when unable to return to work in March, 2019 he was terminated. A grievance followed.Īfter being evaluated by three doctors under a process agreed to by the union, Melnyk was denied IOD status. The town denied his coverage and placed him on sick leave. Thereafter, he sought injured-on-duty status claiming he suffered a work-related injury associated with job-related stress. Melnyk claimed the confrontation caused him to experience chest pains, resulting in his transport to the hospital. Four days later, Melnyk claims he “was confronted by two fellow firefighters because he had pressed charges for the March 26 incident.” Following the altercation, Melnyk filed a criminal complaint with the police, but charges were not brought. The next thing that occurred was a physical altercation between Melnyk and another firefighter in the firehouse on March 26, 2018. Second, Melnyk was passed over for promotion to lieutenant, resulting in his filing a grievance over a “corrupt interviewing process.” At a meeting with the chief, the union and members of the town council to discuss a compromise, Melnyk raised what he believed was a greater safety concern: that apparatus were 14 months out of inspection. First, Melnyk’s fire chief proposed discipline against him for allowing a part-time firefighter to drive an EMS unit to the hospital. In 2017, two problems occurred that contributed to the litigation. Fred Melnyk was a firefighter for the Town of Little Compton prior to his termination in 2019. A Rhode Island firefighter who was terminated after exhausting his accrued sick leave, has lost his federal court lawsuit alleging breach of contract, whistleblower violations, and a violation of his First Amendment rights.
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