Advertising Disclosure Email Disclosure

County Court has confirmed a Chief of Police can be an at-will employee who is subject to the terms of an employment agreement.

October 1, 2018
Romutis v. Borough of Elwood City, 10999 of 2015, C.A., -- Pa. D. & C. –d ---- (Pa. Lawrence County Aug. 27, 2018)

The Borough of Elwood City hired a Chief of Police in 2010 outside of the Civil Service Commission procedure and subject to an employment agreement, which stated the Chief was an at-will employee. The Borough voted to eliminate the position of Chief of Police in 2014. The Chief then sued the Borough, alleging his termination was a breach of contract and a violation of public policy. The county judge entered an order granting the Borough’s motion for summary judgment, finding that the Borough complied with the terms of the valid employment contract—in which the Chief agreed to employment at-will—when it eliminated the position and provided the required payment for terminating the contract without just cause. Additionally, the court found, by admitting that he was not subject to the Civil Service Commission, the Chief was not subject to the administrative remedies requirement of the civil service and unable to claim a public policy violation, namely, that eliminating his position violated § 1190 of the Civil Service Act. 

 

 

Case Law Alerts, 4th Quarter, October 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Allison N. Genard
Associate
(412) 803-3475
angenard@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."