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COOK COUNTY RECORD

Saturday, April 27, 2024

Veteran Chicago firefighter says city wrongly fired him after he complained of safety violations

State Court
Goldman erlich

From left: Attorneys Jonathan Goldman and Arthur Erlich | Goldman & Erlich

A veteran Chicago firefighter has filed suit against the city of Chicago, claiming he was wrongly fired after complaining that unqualified firefighters were being given specialized assignments at Chicago's airports.

Plaintiff Robert J. McCarty, who had worked for 25 years in the Chicago Fire Department, filed a complaint on Feb. 16 in Cook County Circuit Court. The lawsuit accused the city of violating the Illinois Whistleblower Act and common law retaliatory discharge. 

According to the complaint, McCarty worked in the Chicago Fire Department's Aircraft Rescue Fire Fighting division (ARFF), where he worked as an Airport Instructor in Airport Operations, and as a driver apparatus instructor and Airport Driving Instructor for the Fire, Suppression and Rescue Division (FSR) and the EMS FD. 

In his role, the plaintiff developed and improved the training procedures for firefighters who worked at O'Hare and Midway, including the gunner operator position and the "crash rig" fire suppression vehicles.

The suit says that in July 2019, McCarty was asked to allow an unqualified and untrained CFD member to work on the crash rig. McCarty refused, citing the safety and certification concerns. A different CFD officer approved the request, but the assignment was rescinded when a complaint was made, which ARFF leadership allegedly blamed on McCarty. 

McCarty subsequently sent emails to his superiors informing them of his concern that unqualified members were being given specialized assignments, according to the complaint. McCarty was then allegedly charged with not following proper chain of command. After pressing the concern of unqualified CFD members on assignments, the Assistant Director Fire Commissioner allegedly ordered McCarty removed from his position at ARFF. 

McCarty allegedly underwent a multitude of other false allegations and misconduct by the ADFC and CFD officers, the suit says. 

The plaintiff is charging the defendant with one count of violating the Illinois Whistleblower Act and one count of common law retaliatory discharge. He is seeking damages, including lost salary and benefits. 

McCarty is represented by attorneys with the firm of Goldman and Ehrlich, of Chicago. 

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