October 8, 2008 – Gloversville, NY – A recently retired firefighter has filed a lawsuit against the City of Gloversville and its Fire Department alleging that he was passed over for promotion and subject to harassment due to taking leave to serve in the Air Force National Guard.

After serving a year at Bagram Air Force in Afghanistan from 2004 to 2005, Kyle Partlow returned to his position as the Gloversville Fire Department’s senior firefighter. He contends that upon his return he was harassed and recurrently assigned duty inappropriate for his position.

In one instance, Partlow was told by a superior that he would be assigned to emergency medical services duty each time he took his required leave for the National Guard. The duty is usually assigned to the most junior members of the department. Partlow was required to report for duty in the National Guard one weekend per month.

“It was well known that being placed in that position was considered insulting and degrading for senior members of the department,” said Kiley D. Scott, the attorney representing Partlow. Scott serves as a partner at Tully Rinckey PLLC. “Their actions were clearly an effort to harass and embarrass Mr. Partlow as a result of his service to the nation.”

Partlow retired after being passed over for position as captain in 2007. He held the highest test score and was in first place on the promotional list. Partlow had been a member of the Gloversville Fire Department since 1988.

Partlow attempted to resolve the issues with the City directly through a letter to Mayor Tim Hughes about the situation to no avail before taking legal action.

“The fact that administration failed to acknowledge and resolve the issue, in light of Mr. Partlow’s request, demonstrates a complete disregard for the legal rights of the members of our armed forces,” said Scott.

Partlow is seeking $400,000 in damages from the City under the Uniformed Services Employment and Reemployment Rights Act, which explicitly prohibits discrimination against military personnel returning to work. The monetary amount sought represents the loss of past and future earnings and benefits.

The lawsuit was filed October 1 in the U.S. District Court in Albany.

Scott is available for comment on the claim. For more information or to speak with Scott, please contact Caitlin Merrill at 518-755-2789 or via email at cmerrill@tullylegal.com.