LAS VEGAS -- Donald Munn, who was reinstated as a firefighter following a victory in arbitration earlier this month, has filed a federal suit against Clark County.
The suit, filed Wednesday, alleges that the county violated the Family Medical Leave Act, as well as violations of due process under the 14th Amendment of the constitution and the Nevada State Constitution, as well as defamation and invasion of privacy.
The new federal complaint charges that the county purposefully interfered with Munn's FMLA rights by asking for two-year-old doctor's notes. Additionally, the suit claims that the County violated the due process guaranteed under the 14th Amendment of the Constitution, as well as Nevada's Constitution by failing to follow proper procedures during the termination process.
The suit is also claiming defamation and invasion of privacy related to the county's release of his unredacted emails.
Munn, one of two Clark County firefighters fired after an investigation into perceived misuse of sick leave, won an arbitration decision against Clark County.
The County was ordered to reinstate Munn to his former position and reimburse him for "any losses in earnings or benefits that he would have received had he not been terminated," according to the decision. The county was also ordered to reimburse all of the fees and expenses associated with the Arbitrator.
Munn, a firefighter who was hired by the Clark County Fire Department in 1993, was terminated on May 17, 2011 for allegedly misusing sick leave. Of the nearly 20 firefighters that were investigated only two were fired, including Munn who had the second--‐least amount of sick time of all investigated employees.
Following his termination, Munn requested that the union, Local 1908, represent him in arbitration regarding the wrongful termination but the union refused. Munn sought private representation from attorney Andrew Rempfer of Cogburn Law Offices and spent his personal funds fighting the County's illegal termination.
"This is about my client and his reputation. Despite the arbitrator's ruling, the county admits no wrongdoing," Rempfer said. "Donald Munn deserves to have his reputation restored."