There are many career fields that require a certain level of physical fitness to maintain employment. Being on a police force is typically one of these types of job positions. However, for one police chief, issues over his ability to do a specific fitness part of his job qualification has led to the filing of a wrongful termination lawsuit. Any Colorado worker who has to pass a fitness regimen to keep their job may want to follow the case of this police chief.
The suit alleges the police chief was wrongfully terminated because he didn’t finish or successfully perform. The police chief cites an exemption from having to do the test due to a previous injury. There seems to be an argument over whether the officer was required to take the test at the time or not.
The officer was doing pushups that were a necessary part of the test but this led to him re-injuring a shoulder and tearing a rotator cuff. Other charges the police chief filed against the department were dismissed. Those charges included a charge of breach of good faith and a charge of creating a hostile work environment.
Cases where someone believes they were wrongfully terminated are not uncommon. However, they may be difficult to prove. In a situation where a Colorado employee has physical limitations that prevent them from passing a test such as this, there may be a great deal of documentation and specific limitations cited. It is necessary for any employees who have such documented limitations to know their rights and protections so they can guard themselves against wrongful termination.
Source: nevadaappeal.com, Judge won’t toss ex-Capitol Police chief’s wrongful-termination suit, Geoff Dornan, Aug. 23, 2013