What is the name of your state? West Virginia
I was employed at a volunteer fire department in the state of West Virginia. For legal purposes, even though I am a volunteer, I am still an employee, and to be discharged or fired, there must be a just cause, its not an "at will" employment.
I posted a case here awhile back about how I was wrongfully discharged, I waited 6 months, reapplied and was voted on unanimously by the membership. Months later, I received a message on my answering machine, someone from the station called my house during a conversation at the firehouse and let it play on my answering machine. On this message, during a conversation about me, I heard the following: "Female officer: I want him (talking about me) to go away." Chief says: "Well, that will happen soon enough."
Less than 2 months later I was terminated for "insubordination" after the chief caught me upstairs with no one around and shoved me against the wall. He then took off down the stairs and hid behind the membership, who were congregated downstairs. It would be a felony for me to touch him on department property, and angry as I was, I cordially invited him to step off of department property. Not once did I ever threaten bodily harm, the only thing I repeated was for him to step off the property.
It clearly states that it is against the bylaws to bring about a withdrawal of members from the department for reasons other than misconduct.
At this point I was terminated on the spot by the chief himself. I followed the department by-laws and appealed my termination to the assistant chiefs and to the membership. The chief brought out WV case law stating that at another department in this state, it was ruled in the chief's favor that NOBODY can interfere with a chief's disciplinary action against any firefighter or officer. This fooled the membership, thinking that the only option they had was to reject the appeal. I'm appealing now to the board of directors. So below are my questions.
1. Will this audio conversation from my answering machine be illegal to use, even if the person who called my machine was participating in the conversation and steps up and admits it?
2. There were no witnesses to him shoving me, the only thing witnessed was me cussing the chief and asking him to step off department property. So, is this audio file about the only thing that can save me here?
This is very important to me, as there have been so many members ran off by him because of disagreements, and the community is suffering. Any and all help would be appreciated.
I was employed at a volunteer fire department in the state of West Virginia. For legal purposes, even though I am a volunteer, I am still an employee, and to be discharged or fired, there must be a just cause, its not an "at will" employment.
I posted a case here awhile back about how I was wrongfully discharged, I waited 6 months, reapplied and was voted on unanimously by the membership. Months later, I received a message on my answering machine, someone from the station called my house during a conversation at the firehouse and let it play on my answering machine. On this message, during a conversation about me, I heard the following: "Female officer: I want him (talking about me) to go away." Chief says: "Well, that will happen soon enough."
Less than 2 months later I was terminated for "insubordination" after the chief caught me upstairs with no one around and shoved me against the wall. He then took off down the stairs and hid behind the membership, who were congregated downstairs. It would be a felony for me to touch him on department property, and angry as I was, I cordially invited him to step off of department property. Not once did I ever threaten bodily harm, the only thing I repeated was for him to step off the property.
It clearly states that it is against the bylaws to bring about a withdrawal of members from the department for reasons other than misconduct.
At this point I was terminated on the spot by the chief himself. I followed the department by-laws and appealed my termination to the assistant chiefs and to the membership. The chief brought out WV case law stating that at another department in this state, it was ruled in the chief's favor that NOBODY can interfere with a chief's disciplinary action against any firefighter or officer. This fooled the membership, thinking that the only option they had was to reject the appeal. I'm appealing now to the board of directors. So below are my questions.
1. Will this audio conversation from my answering machine be illegal to use, even if the person who called my machine was participating in the conversation and steps up and admits it?
2. There were no witnesses to him shoving me, the only thing witnessed was me cussing the chief and asking him to step off department property. So, is this audio file about the only thing that can save me here?
This is very important to me, as there have been so many members ran off by him because of disagreements, and the community is suffering. Any and all help would be appreciated.
