Saturday, December 14, 2013

IT Manager Steve McInchak’s Claim against the City of Carmel-by-the-Sea Alleges Eleven Violations of Federal, State and Local Laws

ABSTRACT: On Wednesday, December 4, 2013, the City of Carmel-by-the-Sea was served with IT Manager Steve McInchak’s claim against the City, according to Steve McInchak’s attorney Michelle Welsh as reported in the Carmel Pine Cone news article entitled “McInchak files claim against city, alleges defamation and discrimination,” by MARY SCHLEY, Published December 13, 2013. The complaint identifies the responsible officials as city administrator Jason Stilwell, Susan Paul, Mayor Jason Burnett, and “other agents … whose identities are unknown at this time.”  In his claim, McInchak accuses city officials of eleven violations of federal, state and local laws:
- 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.”  
EMPLOYMENT FLOWCHART

U.S. Equal Employment Opportunity Commission

No comments: