OCT 7, 2021
NOTICE OF CLAIM AND INTENT TO SUE FOR MONEY DAMAGES
Pursuant to Govt. Code §910 etc., please take notice of the following claim presented on behalf of each of the 871 Los Angeles City employees listed in Appendix A (“Firefighters”). The claim of each Claimant arises out of a common set of facts, widely known within Los Angeles Fire Department (“LAFD”), regarding LAFD’s direct order that Firefighters take a Covid vaccination—or lose their jobs, without the benefit of Skelly due process rights.
(a)Name and Address of Claimant: each Claimant is listed individually on Appendix A. Each Claimant’saddress is known to Los Angeles City (“City”) since each Claimant is currently employed by the City.
All communication to each Claimant should be directed to Claimants’ attorney, identified below.
Claimants’ attorney will respond to all investigative inquiries on behalf of each Claimant.
The appendix lists each person by name and provides space for the City to add a claim number next to each name. While claims would ordinarily be presented individually, we suggest that this consolidated claim is the most convenient method for investigation and review, and thereforeconstitutes substantial compliance. If you disagree, please contact the undersigned as soon aspossible and we will submit each claim separately.
(b)Address of Claimant’s Representative: Each claimant is represented by Kevin McBride and McBrideLaw PC, whose address is 700 S. Flower Street, Suite 1000, Los Angeles, CA 90017.
All notices to each claimant should be sent to Kevin McBride at this address.
(c)Names Of The Public Employees and Entity Causing the Injury, Damage, or Loss, to the Extent Known:
–Los Angeles Fire Department (“LAFD”)
–Fire Chief Ralph Terrazas
–Battalion Chief Jamie Lesinski
–Battalion Chef Nick Ferrari
–Battalion Chief Vince Alvarado
Collectively, the LAFD chiefs listed above are sometimes referred to herein as “Chiefs.”
(d)General Description of Wrongful Conduct, together with Injury, Damage and Loss:
At multiple times and places, in writing and through in-person communication to Claimants from Sept. 23, 2021 to the present, LAFD and one or more of the Chiefs imparted a direct order to Claimants, in sum and substance that:
October 20, 2021 is a hard deadline for Claimants to receive a Covid vaccine; and that anyone who is not fully vaccinated by October 20 will be sent home for 5 days, without pay; that Claimants will then have a reconsideration period, without pay to get vaccinated; and that if a Claimant is still not vaccinated after another 5 days, Claimants’ employment will be terminated. (hereafter, the “Chiefs’ Covid Vaccination Order”).
The Chiefs’ Covid Vaccination Order is blatantly wrongful conduct, for at least the following reasons:
→Interference with Employment Rights
For the reasons explained hereafter1, no disciplinary action may be taken against any Claimantwith respect to Covid vaccination status unless and until the following steps are completed:first, an impasse is declared in collective bargaining between the City and UFLAC concerningCovid vaccination status as a condition of employment; second, arbitration is concludedbetween UFLAC and the City as a result of impasse; and third, each Claimant has been affordedSkelly due process rights.
Further, insofar as each individual Claimant is concerned, no Claimant can be sent homewithout pay unless and until Skelly rights are fully and finally adjudicated for that Claimant.
See full document here: