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  • Question Regarding Hiring

    So I am retired from a large metropolitan city in the Northeastern US. I have applied to a couple of LEO agencies here in Northeast Florida ( I have my EOT) but both have frozen my applications due to a few lawsuits that are currently active. These are lawsuits not against me personally but against the City I worked for for incidents I was involved in. The City is indemnifying me and there is no misconduct on my part. Is there any way I can still get hired or do I have to wait until these lawsuits are resolved? I ask that because these lawsuits can take years and my EOT expires next year. I also might add that in these department's websites there is no mention that a lawsuit of this type is a disqualified as they mention other disqualifies such as DWIs, drug use , perjury, etc. If I knew this would be an issue I wouldn't have even applied.

    I do not want to take the EOT again because of the cost . One of the depts I applied to here will have a new sheriff in 2021 and each agency told me that it is the policy of the sheriff not to hire anyone with pending litigation, yet again these lawsuits are against my former job not me. I could wait until a new sheriff is appointed to see if he/she has a different policy or am I just totally screwed ? serious responses only please. I always help out brothers/sisters in need and this situation is really eating at me since I don't think I should be punished for some BS lawsuits where the city will just pay out anyway eventually.
    Last edited by Spock73; 06-09-2020, 12:07 AM.

  • #2
    I don't know about the agencies you are applying with, but here's how things usually work in general.

    If you old city is being sued because of an incident you were involved in, more than likely you are have been named as a defendant. This is a shotgun approach attorneys take, naming everyone whose name appears on the police report, just to make sure they've covered all the bases.

    Until your name is dismissed from the suit, most agencies will not touch you. Should your be hired by a new department while the old suit is pending and get into an incident where a new suit is filed, an additional cause of action will be tacked on alleging Negligent Hiring. For the moment they won't have to prove anything, but it will be there to bolster their case if your old department loses thir lawsuit and it will make for great publicity against the new city in the fresh lawsuit, particularly when it comes to forming public opinion. They knowingly hired Spock 73 in spite of the fact that he had a pending lawsuit against him for misconduct at his prior agency - Have they no conscience?

    I suspect you are SOL.
    Going too far is half the pleasure of not getting anywhere

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    • #3
      Originally posted by L-1 View Post
      I don't know about the agencies you are applying with, but here's how things usually work in general.

      If you old city is being sued because of an incident you were involved in, more than likely you are have been named as a defendant. This is a shotgun approach attorneys take, naming everyone whose name appears on the police report, just to make sure they've covered all the bases.

      Until your name is dismissed from the suit, most agencies will not touch you. Should your be hired by a new department while the old suit is pending and get into an incident where a new suit is filed, an additional cause of action will be tacked on alleging Negligent Hiring. For the moment they won't have to prove anything, but it will be there to bolster their case if your old department loses thir lawsuit and it will make for great publicity against the new city in the fresh lawsuit, particularly when it comes to forming public opinion. They knowingly hired Spock 73 in spite of the fact that he had a pending lawsuit against him for misconduct at his prior agency - Have they no conscience?

      I suspect you are SOL.
      I think this covers the lawsuit issues pretty well. When a lawsuit is filed the credit reporting agencies take notice and post the existence of pending litigation on every named defendant's credit history. This can affect job opportunities, mortgage acceptance, new car financing, apartment lease applications, and other aspects of our lives until the litigation is finalized (and then we must monitor our credit histories to make sure that the final orders are posted to clear up the issue).

      Lawsuits are an unfortunate reality in modern America. About the only cops I ever knew who had never been sued were those who never made any arrests, served any warrants, made any decisions, or did any real police work. I was still responding to depositions and hearings for 4 years after I retired; never lost a case and never had a judgement entered against me, but the processes can grind on forever.

      Back in the 1980's and 1990's I was doing a lot of background investigations. I found that credit reports were a very valuable investigative tool including not only credit history but also residence history, employment history, civil actions, and more. Whatever an applicant reported on the job application, resume, or background questionnaire needs to closely reflect what the credit reports and public records contained, otherwise it is a huge red flag for the investigator.

      Best suggestion I can make is to be up front when you apply and disclose the pending litigation, along with details of employer indemnification, liability insurance, etc. Failing to do so would be a DQ in my book.

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      • #4
        I was sued civilly early on and went on to Honorably retire with 25. Started 2nd Policing career at 46. That lawsuit from more than 20 plus years ago was almost treated like a recent one during the hiring process. Save all your paperwork, especially IAD dispositions.

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