Employment Law

Listen to this article

Case Name: Michael S. Peden v. City of Milwaukee Board of Fire and Police Commissioners

Case No.: 2022AP001086

Officials: White, C.J., Donald, P.J., and Geenen, J.

Focus: Employment Law

On June 17, 2020, MFD Chief Mark Rohlfing terminated Peden from his position as a heavy-equipment operator. Rohlfing alleged that Peden had violated multiple rules and regulations stemming from an incident on June 5, 2020. Peden appeals a circuit court order affirming a decision of the City of Milwaukee Board of Fire and Police Commissioners (“the Board”), which upheld the termination of Peden’s employment with the City of Milwaukee Fire Department (“MFD”). Peden was terminated for his refusal to comply with a direct order to transfer to a different station for the duration of his shift during civil unrest. As the City argued in closing at the administrative hearing, “[t]his case boils down to was [Peden] given a direct order? Was he capable of following that direct order? Did he choose not to follow that direct order?” The circumstances surrounding the sexual assault case against Peden were not relevant. Affirmed.

Decided 03/05/24

Full Text