Judge Upholds AL Chief's Claim of Wrongful Termination

A federal judge has upheld a wrongful termination claim filed by Pike Road Volunteer Fire Protection Authority’s former chief.

Mike Green, the plaintiff, brought charges in April 2015 against the Authority for disability discrimination and against Jane James, one of the Authority’s directors, for slander.

U.S. District Judge Harold Albritton dismissed the slander claim.

The complaint stems from a January 2014 incident after Green had a disk replaced in his neck and was taking prescription oxycodone.

Green was off duty staying in a Tallapoosa County hunting lodge and had driven to a local store. When he arrived, it appeared the store was closed. As he was turning around, a Tallapoosa County sheriff’s deputy pulled him over and charged him with a DUI.

The DUI charge has since been dismissed.

According to the complaint, James and Jack Jackson, another director, asked Green to resign after he was charged with the DUI, stating that this was not Green’s first offense.

He refused, and in his complaint referred to these allegations as slander.

Then, in April 2014, the defendants held an open meeting to discuss Green’s future, which was attended by members of the public, law enforcement and the fire department.

“At that point, Defendant James again slandered Plaintiff Green by saying the DUI was not Plaintiff’s first offense, but instead, a second offense. Defendant James said the first offense was when Plaintiff was ‘pumped up on oxycodone and alcohol’ at the Bridlebrook Station,’” the complaint reads.

However, Albritton’s order stated in April 2012, Green was prescribed Oxycodone as a result of his neck surgery.

“Shortly after the surgery, a meeting was called at one of the fire stations to discuss a sexual harassment complaint. Green was told he did not have to attend the meeting, but he attended it. He took his prescription medicine and drank alcohol before the meeting,” the opinion states.

At that meeting, two of the three board members voted to terminate Green, citing the bad publicity his DUI charge was causing the department.

“I did not see a termination coming. I admit that it was a mistake that I even put myself in that position. I still am adamantly against the statements that I was driving under the influence,” Green said in a previous news conference.

Green is seeking damages he has accumulated along the way.

He worked for the Montgomery Fire Department for 23 years before retiring as Assistant Fire Chief in 2007. Before he retired, he began volunteering in 1996 for the Pike Road Fire Protection Authority, eventually rising to its first paid position as chief.

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