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WILKES-BARRE — Luzerne County and the American Federation of State, County, and Municipality Employees are expected to settle a lawsuit filed by a former county 911 operator who claimed he was fired because of his disabilities, according to court documents filed Wednesday.
Don Wilkie, of Old Ashley Road, Wilkes-Barre, filed suit in 2014 alleging AFSCME denied his request to use sick bank time and county officials failed to accommodate him before he was ultimately fired in 2012.
Wilkie, who records show was hired in 2002 at a salary of $21,000, claimed he was terminated over his anxiety and diabetes diagnoses, but county officials argued the firing was due to a history of mistakes and noncompliance highlighted by a mishandled call that led to a woman’s death.
Wilkie’s trial, scheduled to begin Tuesday, was continued by order of U.S. District Judge James M. Munley. The judge wrote that parties “reported to the court that a settlement agreement in this case is pending final approval.” A report on the settlement must be provided by the parties within 45 days, Munley ordered.
The county’s attorney, Joel M. Wolff, and AFSCME’s attorney, Lauren M. Hoye, did not immediately return messages Wednesday seeking comment. Wilkie’s attorney, Joseph C. Borland, said he was unable to comment on specifics of the proposed settlement.
“It’s in the works,” Borland said.
According to the lawsuit, Wilkie in 2011 requested use of paid time off he was entitled to under AFSCME policies, but was denied despite multiple attempts. The county, meanwhile, made him work forced overtime even though he requested an accommodation because of his disabilities, the lawsuit states.
The county on May 22, 2012, fired Wilkie on claims he failed to recognize two similar 911 calls requesting an ambulance had been placed around the same time from different floors of a city apartment building. A woman subsequently died as a second ambulance had to be dispatched. Officials argued the confusion could have been avoided had Wilkie followed standard operating procedures.
“Wilkie could have asked for the callers name, phone number and if she called 911 before,” according to an incident summary report. “Her responses could have helped clarify things for Wilkie, however he did not make any attempts to gain additional information.”
The county further claimed Wilkie was reprimanded for improper call handling several times as well as for other incidents, including in 2007 for “making inappropriate comments to an officer and not behaving professionally.” They also claimed Wilkie never formally informed officials of his disabilities and only made one verbal request for a limited shift.
Wilkie’s attorneys, however, argued that “by terminating (Wilkie) for allegedly having made a mistake, defendant Luzerne County discriminated against (Wilkie) by holding (Wilkie) to a stricter and harsher qualification standard for employment or job performance than defendant Luzerne County holds other employee(s).”
The suit requested damages for emotional distress and loss of employment, wages, and benefits