- He was placed on involuntary leave without good cause or notice.
- Agents of the city entered his house “without necessity, notice or consent, and over claimant’s objections.”
- City officials ordered that he
“attend and answer questions in an investigative interview, under threat of
termination for insubordination for failure to attend and answer, after
publicly stating that the city’s investigation of alleged criminal conduct
remains pending,” violating his right against self-
incrimination.
“With criminal charges, they say, still being investigated, he was directed to appear and answer questions in violation of his Fifth Amendment rights,” Welsh told The Pine Cone. “Any criminal defense lawyer will advise the client not to speak, for fear of waiving those rights, and as a city employee, you are ordered to talk. If you don’t attend and answer the questions, you can be fired for insubordination.”
- The city attempted to change his status as a permanent employee “by requiring a contract which is vague, ambiguous, incomplete and lacking consideration … and by impugning claimant’s reputation and his standing in the community.”
- Officials defamed him by publishing “false, unprivileged and defamatory statements” charging him with a crime, and by making statements that exposed McInchak to “hatred, contempt, ridicule or obloquy.
- They intentionally and negligently inflicted emotional distress upon him “by engaging in the outrageous conduct” described in the claim.
- The city officials “stepped out of their proper roles as employer, and their conduct fell outside of the normal employment relationship.”
- They deprived him of his livelihood and employment by placing him on leave without cause or notice.
- City officials discriminated against him because of his age.
-And they engaged in “arbitrary and capricious conduct” and “intentional unlawful conduct,” violating state and federal constitutions and laws.
The City has 45 days to respond, and as McInchak’s attorney Michelle Welsh stated, “You can’t sue until it’s filed and denied.”
incrimination.
“With criminal charges, they say, still being investigated, he was directed to appear and answer questions in violation of his Fifth Amendment rights,” Welsh told The Pine Cone. “Any criminal defense lawyer will advise the client not to speak, for fear of waiving those rights, and as a city employee, you are ordered to talk. If you don’t attend and answer the questions, you can be fired for insubordination.”
- The city attempted to change his status as a permanent employee “by requiring a contract which is vague, ambiguous, incomplete and lacking consideration … and by impugning claimant’s reputation and his standing in the community.”
- Officials defamed him by publishing “false, unprivileged and defamatory statements” charging him with a crime, and by making statements that exposed McInchak to “hatred, contempt, ridicule or obloquy.
- They intentionally and negligently inflicted emotional distress upon him “by engaging in the outrageous conduct” described in the claim.
- The city officials “stepped out of their proper roles as employer, and their conduct fell outside of the normal employment relationship.”
- They deprived him of his livelihood and employment by placing him on leave without cause or notice.
- City officials discriminated against him because of his age.
-And they engaged in “arbitrary and capricious conduct” and “intentional unlawful conduct,” violating state and federal constitutions and laws.
The City has 45 days to respond, and as McInchak’s attorney Michelle Welsh stated, “You can’t sue until it’s filed and denied.”
REFERENCES:
Department of Fair Employment and Housing
EMPLOYMENT FLOWCHART
Department of Fair Employment and Housing
U.S. Equal Employment Opportunity Commission
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