An EMT from North Bergen claims he was fired after refusing to follow a North Bergen police officer’s order to transport a man to the hospital. He may still be eligible for a trial.
Monday’s appellate panel overturned the Nov. 13, 2020 decision of a lower court to dismiss the whistleblower claim made by Luis DeLeon. However, it affirmed the summary judgment against Tamara Sepulveda, his former coworker, since she had not filed any report on the incident.
According to the 25-page ruling, the lower court erred in not retaliating against DeLeon for the incident on July 31, 2017, in which police responded after a woman complained about her husband’s conduct.
North Bergen fired DeLeon after he claimed that he and Sepulveda had told police that he took the man to the hospital against their will. He was also cited for incompetency and inefficiency; failure to perform duties, inability to do duties; conduct unbecoming of a public employee; neglect; and violation standard operating procedures. This was due to his inability to complete a patient’s medical assessment and inappropriate outbursts, and the use of vituperative epithets
Sepulveda “resigned voluntarily” claiming that the environment at the township’s EMS was ‘hostile’ and uncomfortable. She believed there were possible ‘chances for retaliation by (the) North Bergen police department) when (EMTs are not following their wishes regarding patient care,” the appellate panel stated.
The lawsuit was filed by the couple on August 22, 2018.
DeLeona and Sepulveda were deposed to dispute the version of events by police officers that night. According to the officers, F.A. was the patient. According to the ruling, the patient was drunk and had to be taken to the hospital. In his report, one officer stated that F.A. One officer stated that F.A. had admitted to having drunk a bottle of alcohol but had “no smell of it on his breath.”
F.A. was not being treated by the officers. F.A. told them that he did not want to be “checked out by an ambulance.” DeLeon and Sepulveda also testified that they didn’t believe F.A. The ruling stated that he needed to be transferred because he was alert and oriented, with normal pupil dilation and a steady gait. He also did not slur his speech.
F.A. was forced into the ambulance by officers, according to EMTs. EMTs testified that F.A. was forced into the ambulance by officers, saying “you are going to the hospital or jail.” The appellate ruling stated that F.A. was stopped from returning to his home and instead pushed him towards an ambulance.
According to police reports, officers refuted that version of events. They said F.A. The officers disputed the police reports and stated that F.A.
DeLeon did not have to prove a “direct causal relationship” between whistle-blowing and retaliation. However, the appellate ruling stated that DeLeon can show that there is a causal connection between whistle-blowing and adverse employment actions.
from lawyers.buzz https://lawyers.buzz/north-bergen-emts-whistleblower-lawsuit-revived/179/
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