Legal Question in Civil Litigation in Pennsylvania
civil lawsuits
In Pa. if a member of a non-profit volunteer fire department files a civil law suit against the department, can he remain a member in good standing without losing any of his rights during the suit, also if he sues an individual officer can he remain a member in good standing. my department is real close to having a discrimination suit filed against it and i believe as a scare tactic it has been mentioned to this member that he will lose his rights as a member if he should file suit. I wsa wondering if this was true ?
2 Answers from Attorneys
Re: civil lawsuits
I'd go a little farther than Mark. You should consult an attorney NOW. I don't specialize in discrimination, but my instinct is that if a member is making a discrimination claim, any type of adverse action could backfire and be a really stupid thing to do, because of how it looks.
Most discrimination laws had anti-retaliation provisions, and given that threats already have been made, apparently in direct response to the member's claim "as a scare tactic", it would be quite difficult to show a legitimate reason for acting against him.
Re: civil lawsuits
Certainly not a pleasant position to be in.
Your question assumes there is no "other" reason
to remove the "good standing" designation. A Retaliation
charge for picking on one that has filed a civil suit based on discrimination
is generally a sufficient safeguard against employer
retaliation. . . but not always.
Please feel free to call. 610-444-7508 to discuss
further.
http://www.chescolawyers.com/BB
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