Court Of Appeals Upholds Ruling For McMinnville

The State Court Of Appeals has upheld the termination of a McMinnville firefighter for cause rather than for his complaints about the department.

Former McMinnville Firefighter Joseph Sweat said the city terminated him in 2014 in retaliation for his complaints against then-chief Keith Martin. Sweat filed suit in 2015, saying the city violated the Tennessee Public Protection Act, also known as the Whistleblower Act.

The State Court of Appeals ruled Friday it, like the lower court, found no evidence the city fired Sweat for anything other than cause.

The Warren County Circuit Court found that Sweat has been warned about his on the job behavior including going outside the chain of command and an inability to work with leadership. Sweat had also been accused of making sexually harassing phone calls from the firehouse to a private citizen.

In a reorganization of the department following the allegations, the city dismissed both Sweat and Martin. Sweat alleged the city fired him because he complained about safety issues and refused to stay silent.

In its May, 2017 ruling, the trial court found “Plaintiff has failed to establish that the City’s
explanation of his discharge is pretextual or unfounded. There are no genuine issues as to
any material facts, therefore, the Defendant (City) is entitled to summary judgment.”