A fired Huntington Beach police officer has filed a claim for more than $500,000 against the city, alleging that officials wrongfully fired him, unlawfully released details about an internal investigation, and refused him a medical retirement package.
William Brubaker was an officer from 1992 until his firing last August. The investigation surrounded the handling of found property. Brubaker had accidently booked his (and his wife’s) camera into evidence, which he kept in his patrol bag. Nothing was supposed to be disclosed about the investigation for the inadvertent booking, but Brubaker claims that others knew about it because he received a text message from another officer telling Brubaker that he had heard about it. Subsequently, Brubaker was fired.
Brubaker alleges that the leaked information was wrong and embarrassing, worsening a heart condition that he has been fighting for five years. Further, he believes he was fired before he could finalize a medical retirement package with the city. The city will not disclose details about the nature of the investigation or why Brubaker was fired other than by indicating that his account of what happened is inaccurate.
It seems surprising that an officer would be fired for mis-booking his own camera. Is this more of a case of looking for ways to reduce costs, especially as Brubaker was planning to seek a medical retirement package? It seems somewhat incredible that he can be terminated for booking his camera inadvertently while other officers receive administrative leaves and other slaps on the wrist for things much more violent, such as tasing or macing a person posing no imminent threat.
The city is now at risk of having to pay $500,000 for these series of questionable incidents. A competent labor lawyer or even sexual harassment lawyer in Orange County will have to sort out all of these facts. From the little we know from the plaintiff’s allegations, Brubaker simply inadvertently booked his own camera, a confidential internal investigation began, embarrassing and allegedly incorrect stories leaked and spread through the department; Brubaker had been fighting a medical condition and was either seeking or planning to seek a medical retirement package before he was fired. If the issue around the office during the pending investigation before his firing was unwelcome behavior that was sexual in nature, to the extent that it created a hostile work environment, then Brubaker would certainly want to consider in addition to the wrongful termination suit, to pursue a sexual harassment claim with a well-qualified sexual harassment lawyer in Orange County.
It can be quite devastating if your employer fires you. California is one of the many states that practice “at will” employment, where an employee can be fired for any reason that the law does not protect. The law prohibits firing employees because of national origin, religion, gender, race, disability and age. It is unclear if Brubaker falls within any of these categories.
However, there are some special regulations for police officers. Firing a police officer without any kind of hearing would violate his rights under California’s Public Safety Officers Procedural Bill of Rights Act (POBRA).
If the photos involved on the camera are sexual in nature, or if that is the myth cycling throughout the department, as Brubaker claims, then this could also be a matter of sexual harassment which created a hostile work environment for Brubaker. Brubaker indicated some embarrassment related to the spread of false and embarrassing information. If the innuendo from the leak is of an unwelcome sexual nature, Brubaker may seek assistance from a sexual harassment lawyer in Orange County in addition to a labor lawyer. Now taxpayers’ dollars are at risk in the suit for Brubaker’s reinstatement, back pay, compensation for emotional suffering, and punitive damages. Employers and government agencies should take caution that a wrongful termination suit, sexual harassment suit or something else can be quite expensive, as sexual harassment lawyers in Orange County are all too aware.