Civil Case [Stone Law Firm (on behalf of Jackie Johnson)] vs [San Andreas Emergency Services] for [Wrongful Ter

[Mach2]

[ch]SC-100[/ch]
​

Plaintiff (list names): Stone Law Firm on behalf of Jackie Johnson
Case Number (for clerk): 034


One.
The Plaintiff (the person, business, or public entity that is suing) is:

Name: Stone Law Firm on behalf of Jackie Johnson
Phone: #154451
Street Address (Street, City, State, Zip): Stone Law Firm, Market, San Andreas 35468
Mailing Address (if different): Same as below


Two.

The Defendant (the person, business, or public entity being sued) is:
Name: San Andreas Emergency Services
Phone: #411
Street Address (Street, City, State, Zip): Fire Department, Market, San Andreas 35468
Mailing Address (if different): Same as above

If more than one Defendant, list next Defendant here:
Name: Luke Wingston
Phone: #411
Street Address (Street, City, State, Zip): Fire Department, Market, San Andreas 35468
Mailing Address (if different): Same as above

Three.
The Plaintiff claims the Defendant owes $20,000,000
​

• 
  [*=left]Why does the Defendant owe the Plaintiff money? Defendant owes Plaintiff money, as Plaintiff has no income after this, and the Department did not offer Severance of any kind. Therefore, Defendant owes Plaintiff money; Plaintiff is willing to accept a settlement for the position of Deputy Commissioner, along with the termination of Luke Wingston.
  [*=left]When did this happen? (Date): 3/19/2018
  [*=left]How did you calculate the money owed to you? (Do not include the court costs or fees for services.) Plaintiff could earn a possible $400,000 annually for the next 50 years, which could earn him an upwards of $20,000,000 if he remained in the Department.

Four.
List the evidence you have regarding the claims listed in three.

• Evidence 4.1
  • The Representing Plaintiff (Stone Law Firm) demands dashcam footage of the firetruck located outside of SAES, and all department footage/audio available for the surrounding area as Evidence.

Five.
You must ask the Defendant (in person, in writing, or by phone) to pay you before you sue. Have you done this?
​

• 
  [*=left][X] Yes ----------------- [ ] No

Six.
I understand that by filing a claim in court, I have no right to appeal this claim.


I declare, under penalty of perjury under San Andreas State law, that the information above and on any attachments to this form is true and correct.


Date: 3/19/2018 Stone Law Firm - Representing Jackie Johnson *Signed* Connor Stone
​

 

[Overload]

Honorable Judge Matthew Ello,

Case file 034 is hereby acknowledged and opened, laid forth by the San Andreas District Court under the San Andreas Judicial Circuit.

To the plaintiff(s), please notify the defendants of said case and provide proof, in writing, of such notice being supplied. Upon notification of the case to the defendant, trial process may begin ((he must reply to this thread stating he understands the lawsuit is open. If he refuses, state so)).

Regards,
San Andreas District Court.

 

[jameshargus]

Your Honor,

I have served court documents and have received a signature from Mr. Mike Wingston Acknowledging Intent to Sue.
*Paper would be presented of his signature*
I served this on the date of 3/19/2018 with myself, Trooper Skylar Hanes and Trooper Aston Sofer.

((OOC PROOF BELOW))

Spoiler

Deputy Commissioner Luke Wingston has also been notified via Email of intent to sue the department.
Below I have listed proof of the email.

Spoiler

-Trooper Jack Bolts

 

[Overload]

Case number 034 is now in session.
The Plaintiff (or their lawyer) and the Defendant (or their lawyer) may now make their opening statements, Tell me their side of the story, and follow up with any direct questions they have for the other party in the case.

 

[Mach2]

*Connor Stone stands up, looking at the judge*

[English] Connor Stone says: Your honor, I'd like to start with my opening statement.

[English] Connor Stone says: Today I am representing my client, Jackie Johnson. He was wrongfully discharged with no reasonable excuse given. Also, my client identifies his sexual orientation as "bi-sexual", not "heterosexual" - and in turn, the Deputy Commissioner did not like that, and used personal bias to find any reason to terminate Mr. Johnson. What the Deputy Commissioner thought was a good reason, turned out to be there was no reason at all.

In an attempt to speak with Mr. Luke Wingston, he claims my client has a violent/aggressive past, and with no proof, nor paperwork, carelessly makes these claims. If that's the case, I assume my client would have been terminated at the time of said incident rather then when he actually was terminated improperly and also in a very unprofessional manner.

On-top of everything, my client was terminated with no severance offered.

With my clients sexuality coming to light, we feel it may be much more difficult for him to get future employment, which is why we are requesting such a high settlement amount.

We'd like to make it known my client prefers the settlement of obtaining the rank of Deputy Commissioner, and the termination of Mr. Luke Wingston for wrongful termination, and failure to follow termination procedures.

 

[Vendetta]

*Luke Wingston quickly gets up from the chair, as he looks at the judge while clearing his throat*

[English] Luke Wingston: Good Morning sir. Your honor, I will like to explain why Mr. Johnson was dismissed from the SAES.

[English] Luke Wingston: First of all, based on the reviews that I have been given and told by my fellow employees, Mr. Johnson was not a friendly nor co-operative employee within the SAES during the period he served. Apart from this, he was dismissed for several reasons. Let me list them. Firstly, Mr. Johnson does not have respect for his higher authority. During the time when I dismissed him, he was shouting at me, even though I told him to calm his voice so that I can listen to both parties. One of our newly employed member was not shown what vehicles are to be driven and what are not to and he mistakenly used the wrong vehicle (The Battalion Chief One). I kept telling Mr. Johnson that I'll need Mr. Territt and himself at the front of the HQ to discuss what happened but I guess Mr. Johnson felt as if he had higher authorization that me to threaten Mr. Territt about dismissing him. Also, I did not know about Mr. Johnson being bisexual or not and that does not have anything to do with my concerns because I do not judge people for who they are nor do I dismiss them for such of a reason, that would be unprofessional of me to do as I was trained before becoming the Deputy Commissioner.

[English] Luke Wingston: The second reason why Mr. Johnson was dismissed is because he broke three rules that are made for ALL employees to follow. They are.. he used the departmental radio to respond to Hex even though I was available to do such and I even told him not to do it because I will. The rule states 'Do not respond to any department organisations using the radio when an higher-ranked member is available because they will have more knowledge of what to say when they take the call'. I even announced on our internal radio saying "#002 to Comms, do not take the call, I will, over.". About one or one and a half minute after I said this, Mr. Johnson took upon his responsibility to disobey the order given. The second rule that he broke is calling the PD to handle the scene even though I was available. The second rule states 'Do not involve any LEO department with any SAES situations if an higher-ranked member is available.' The reason for this is because the Higher-Ranked member will need to discuss the situation with the persons or parties and if a solution cannot me made, then the PD may be involved. The final rule that he broke states 'Do not dismiss a member without permission from a member who is higher than your position'. However, he is not even capable of dismissing someone because he is still a Battalion Chief. According the rules of the SAES Battalion Chief's Position, he is suppose to ensure that things are done smoothly and no corruption or conflict arises. The ONLY persons that are suppose to be dismissing, employing, demoting and promoting employees are the Commissioner himself, the Deputy Commissioner, the EMS Chief and the Fire Chief.

*Luke Wingston pushes the chair backwards, as he slowly walks out of his position, going over to the Judge's pullpit, speaking to him.*

[English] Luke Wingston: Your honor, this man was not employed within the San Emergency Services for over a month now and he clearly does not have the knowledge for what it takes to be in a Department like this, based on time spent around him. Being within the SAES requires enough knowledge. Not only is knowledge required, BUT patience and respectfulness is needed as well. I would also like to state that an Head Towtruck Driver within the Hex Tow n' Go mentioned that he is surprised to see that the SAES has someone who is strict enough and can withstand the duties of a Deputy Commissioner. I believe his name was Jeff Greene, if I recall.

*Luke Wingston whispers to himself, as he continues to eye the judge.*
[English] Luke Wingston: [whispers] Damn, I wish Mr. Greene was here.

*Luke Wingston smiles as he walks back to his seat, cocking an his right eyebrow at Jackie Johnson and Connor Stone, shaking his head.*

That's what I have to say, your Honor.

 

[Mach2]

*Connor Stone stands up, looking at Mr. Wingston, adjusting his coat.

[English] Connor Stone says: Mr. Wingston, you claim he did not have the knowledge it takes, but then why did he receive the rank he did?
You see, it appears to me, Mr. Wingston that you yourself do not have enough knowledge if allowing an person whom is non-educated to obtain the rank of Battalion Chief. The Battalion Chief is supposed to set an example, and also enforce rules. I have no say in your policies, however, I'd revisit them to make sure they have decent value.

*Connor Stone reaches down, taking a sip of water, looking back up as he sets his glass down.

[English] Connor Stone says: Also, you are dismissing him for trying to get business sorted? It seems as if your Department allows power to get to your head, as someone whom is in the position of Battalion Chief should be able to make Department calls if needed, if you can trust someone with that position, you should be able to trust them to use a radio and dismiss mis-behaving staff. You're willing to terminate someone for calling in a radio, but not for "accidentally" using the wrong vehicle? Please.. if a man you hire to save our lives can't drive the correct vehicle, how can we trust him with our damn lives?

*Connor Stone would raise his voice a little, finalizing his statement

[English] Connor Stone says: If you can not trust your staff with a radio, how can we trust them with our lives? Mr. Johnson clearly was attempting to clear up a situation, but instead you decided to over-step him, which clearly your judgement is not credible as-is by terminating someone who is trying to do their job, and not the one who is actually ​in the wrong. My goodness Mr. Wingston, very disappointing!

 

[Vendetta]

*Luke Wingston stands up once more, speaking to Connor Stone in a very loud tone of voice while looking at the Judge every now and then.*

[English] Luke Wingston says: Mr. Stone, during that time, the San Andreas Emergency Services was in need of High-Commanding staff members and he was the person directly under me so I gave him the rank temporarily to ensure that the SAES is controlled whenever the Commissioner, the EMS Chief, the Fire Chief or myself is not available and I even told the other staff members and himself that a journal and a guidebook will be created for them to read about their designated roles and responsibilities. With all due respect, I guess your client is someone who does not know what choices and decisions are to be made for various situations which concerns his fellow colleagues.

*Luke Wingston pauses for a while, awaiting a response, then continues to speak to Mr. Stone.*

[English] Luke Wingston says: Mr. Stone, I am not forgetting how you insulted me of discriminating your client about him being bisexual at the beginning of your speech. To be honest, I do not discriminate members of what or who they are. The only thing that I look forward to is to seeing you develop my Department, rather than making it look unprofessional and Mr. Johnson is someone who displays unprofessional-ism when dealing with employees lower than himself. I was ashamed of the way he acted in front of the Head Driver and the CEO of the Hex Tow n' Go. I had to scold him to wait until I am finish speaking so I can redirect myself to both, Mr. Johnson and Mr. Territt. With all due respect, I guess Mr. Johnson was never taught about the home manner where it concerns waiting until people are finish speaking then you may have a conversation.

[English] Luke Wingston says: However, your client used his fist to handle voice to voice situations before. Where I grew up and was employed in City Los Angeles, as the former Assistant Chief of Police, we were warned and taught about that being 'violence'. If you portray violence to your former colleagues, what do you think the others will do? They will do the exactly the same.

[English] Luke Wingston says: Mr. Stone, in those situations you do not simply dismiss someone for using a wrong vehicle after they were employed a few hours earlier, not even 12 hours. Where I was trained to become an Emergency Medical Technician, I was also taught how to cope with certain situations when they arise and what to do when a solution cannot be made, which is seeking advise from a member whom is higher than myself. Now, I am not changing the topic or anything, BUT if Mr. Johnson was to be employed within another organisation, I doubt that the members of the SAES will provide any form of reference. Plus, if he does not have knowledge to be a Battalion Chief, how would he possible manage the position as a Deputy Commissioner exactly?

*Luke Wingston remains standing, as he places his right hand unto the table with a force, causing it to cause an echoing sound.*

[English] Luke Wingston says: Mr. Stone, do not get me on the wrong side but I am repeating myself about this, if Mr. Johnson does not know how to speak to his own colleagues and fellow workers politely, I doubt the fact that he will be able to speak to persons outside of his organisation or department and where you mentioned that I cannot trust my staff using a radio, that is false, Mr. Stone. I do trust them but according the rules, if someone higher is available and they TOLD you not to take the call, then I believe that they have a reason for doing that. As a Deputy Commissioner, I have allowed other persons to take Department Calls, even regular EMTs, EMT Basics and Firefighters First Class but this one required an ranked member who is higher than Mr. Johnson. That is where Mr. Johnson messed up. Let's put you into my position, if you were the Deputy Commissioner and you told me not to take the call, then I would already think that you have a reason for saying that and I would obey what you say because at the end of the day, it is a fact that you have enough knowledge that it requires to be handling various situations like what happened during that time.

 

[Overload]

* Judge Ello looks to the Defense side first *
[English] Matthew Ello says: Mr. Washington, Considering the three rules within your department were broken over the course of say half an hour, Have you had any previous problems with Mr Johnson that lead to ANY disciplinary action that you can provide to me?
* Judge Ello turns his attention to the Plaintiff *
[English] Matthew Ello says: Can the Plaintiff or his lawyer provide any evidence at all referencing back to the termination of his employment being in any way related to his sexual orientation? Has the Plaintiff ever been improperly disciplined due to their sexual orientation?

 

[Mach2]

*Connor Stone looks over at Jackie, nodding his direction before whispering over to him.

[English] Connor Stone says: Your honor, we'd like to take recess from this session to gather our final evidence for this legal proceeding.

 

[Vendetta]

*Luke Wingston nods at the Judge as he clears his throat before he speaks*

[English] Luke Wingston says: Your honor, about one and a half weeks back, Mr. Johnson was very disrespectful to not only another staff member but another civilian, which gave me the reason to keep a closer eye on him. He kept telling the employees that he runs the Department when no one higher than him is around, which is a fact but on the other hand, he made the employees feel as if they were slaves due to him telling them what to do every now and then. As a result of this, two of my BEST employees recently resigned, which would have done a way better job than what Mr. Jackson could have done. The reason why I chose to keep watching him keenly is because.. if he shows a negative behavior outside of the Department towards normal civilians, the first person to be blamed is the Commissioner himself, but since the Commissioner is a bit absent these days (( due to 'in real life' situations )), The Deputy Commissioner will be blamed, which is myself. I asked myself "What example is he setting to others?"

*Luke Wingston's water would not be touched until now. (( Luke Wingston ))
*Luke Wingston uses the mug to pour some water into the cup, drinking it before he continues to speak.*

[English] Luke Wingston says: Your honor, with all due respect, after the short period that Mr. Johnson served his period as a Battalion Chief, I have been watching him all along but on a day like today, I can say that he had intentions on getting rid of both the Commissioner and myself. I don't know if you take this as a threat or not, but Mr. Mike Wingston and myself does take it as a threat because if he hopes in obtaining my position when he has been dismissed, imagine what plans he had since before while he was employed. That's what I have to say for now.

*Luke Wingston remains seated on the chair, as he watches around the Court Room, awaiting Connor Stone and Jackie Johnson*

 

[Overload]

Request for recess denied. The court is not responsible if you came ill prepared.

((Cases remain open for up to 7 days from the last post. Should be plenty of time for you to figure out your next move))

 

[Vendetta]

*Luke Wingston watches over at Connor Stone and Jackie Johnson as he smirks at them before glancing at the Judge*

[English] Luke Wingston says: Mr. Stone, can I please have a look at this evidence?

*Luke Wingston clears his throat, right before he raises both of his eyebrow towards Connor Stone's direction*

[English] Luke Wingston says: Mr. Stone?

 

[Mach2]

*Connor Stone looks towards Luke Wingston, then the judge

[English] Connor Stone says: We are requesting a warrant for the audio from the dashcam from Fire Engine 001, which was at the place of incident.
This should further explain the attitude of Mr. Wingston, and how the entire situation went down, also how the employee (not Mr. Johnson) disrespected Hex, and his hire-ups.
As this is a legal proceeding, we do have the right to demand such for a case.

((OOC Proof, description does not have *No Dashcam in this vehicle** like all the other vehicles http://prntscr.com/ixq3u7 - both vehicles are there to prove it was the same day/time))

 

[jameshargus]

((
Once Proof is Provided and subpoenaed by the courts within the San Andreas Fire Commissions Records Center, here are the logs to prove the authenticity of the dashcam.
Dashcam Footage

Dashcams are provided on all emergency service vehicles we have RPed this since late 2012 (When I joined).
We are not required to put them in the description, as no PD cruiser has it.
Wanted to put that for reference to everyone ^
))

 

[Vendetta]

(( Okay... so first of all, ONLY patrol vehicles which are used on a regular basis have dashcams on them like the ambulances and firetrucks while the vehicles such as the towtrucks, flatbeds, Coroner Vans and so on do not have dashcams because they are not regularly used and dashcams would not be necessary on them. ))

[English] Luke Wingston says: Of course, Mr. Stone. We do have the dashcam footage to provide how YOUR client was being disrespectful and Mr. Territt was not. In the footage, it would be seen that Mr. Johnson kept answering me back over and over although I told him to calm his tone of voice. He even threatened to dismiss/fire someone, without my permission.

*Luke Wingston turns to his right side, leaning over to his backpack; found on the chair besides him.*
* The backpack would contain some yellow envelopes, along with a Portable Media Player (( Luke Wingston ))
*Luke Wingston pulls out the PMP, turning it on as he connects the necessary cords and wires.*
* The dashcam footage will show how Jackie was shouting at Luke very arrogantly and threatening to dismiss Territt, even though he does not have have the privilege to do such thing (( Luke Wingston ))

[English] Luke Wingston says: Oh and Mr. Stone, about you mentioning that I dismissed Johnson because of him being bisexual, I am not putting that behind because you just accused me of something unlawfully.

 

[Mach2]

[English] Connor Stone says: Well, Mr. Wingston, did I accuse you? Yes. Why? Because my client and I both felt a strange attitude in the atmosphere towards him. As far as we're concerned, you've treated Mr. Territt quite well considering what had happened - and as far as everyone in this court is concerned he is a straight male.

So you are only willing to provide this, and not the part of why Mr. Territt was being spoken to in the first place? It is to my understanding it all happened in the same area, well, same place, actually. So I am quite confused.
Also, can we please get your radio communication history on the date of March 19th, 2018? You're fine to hide sensitive information..

*Connor Stone grabs his water, taking a small sip.

 

[Vendetta]

[English] Luke Wingston says: About the two of you having a strange feeling about why I removed Johnson because of him being bisexual is completely wrong. As I mentioned earlier, I do not judge people for who they are nor what gender they are, but what I focus more on is the fact that they improve the SAES, rather than being in it for a waste of time.

*Luke Wingston presses on the monitor, channeling back to the part where the radio was used during the incident.*
* The radio's audio would clearly play, stating how Territt didn't really say anything while Johnson was the one doing most of the shouting - which is disrespectful and proves that Johnson does not know how to speak properly to employees. (( Luke Wingston ))

(( Click here - This screenshot ONLY shows where Territt said type one line of message while Johnson kept carrying along in his own world. At the bottom of the screenshot I told him to calm down, but he kept typing. Very disrespectful, I must say.))

[English] Luke Wingston says: The funny part is that I would have not even dismiss you, but I would have warned you about your tone of voice BUT when you kept answering me back word after word, it shows that you do not have respect for me. Who knows the reason for me asking you for the badge? Suppose I had thoughts of suspending you for being disrespectful and not dismissing you like an unprofessional leader? But I guess you acted as if you were higher than me and attempted to walk away, EVEN THOUGH I was not finish speaking. Mr. Stone, with all due respect, if your client was a LEA member, I could simply imagine how he would have been dismissed the moment he tried to walk away from his Chief. This shows lack of manners and respect. Yet still, this does not have anything to do with you being bisexual or not, but it deals with manners. If you do not have respect for your OWN fellow employees and higher-ups, I can also imagine how you would treat people outside of your organisation, institution or department.

[English] Luke Wingston says: Apart from all of this, I have heard rumors about you, Mr. Johnson. People have told me that you tried to underestimate the San Andreas Emergency Services and tried your best to take the Department over. That shows a lack of trustworthy (( especially the leader perks )). When I heard these rumors, I told myself the opposite and said that you were a good person, but on a day like today, I am beginning to regret my thoughts.

[English] Luke Wingston says: What else do you have to say, Mr. Stone?.. For your client?

 

[Mach2]

*Connor Stone shakes his head slowly, looking at Luke with an un-impressed face

[English] Connor Stone says: The radio history, Mr. Wingston? As a Government Agency, surely you're required for that to be logged? Can you provide that?

 

[Overload]

Thus far i am seeing no evidence of termination due to sexual discrimination.
But, I still would like to see any write ups, or disciplinary action given to Mr Johnson for prior issues leading up to this termination.

In the state of San Andreas employers do not need to provide a reason to terminate an employee. So proving any wrong doing is going to be a hard feat in this situation..