Sean C. Morgan
Of The New Era
City maintenance worker Lloyd Emigh has sent a tort claim notice to the city of Sweet Home alleging that the city informed OMI, Inc., about a medical condition and that information may have directly impacted OMI’s decision not to hire him.
The tort claim notice was received by the city on Dec. 4, and The New Era learned of the notice last week when the City Council met in executive session to discuss pending litigation.
The notice “is intended as official notice that Mr. Emigh is considering asserting claims for damages against the city of Sweet Home,” the notice, written by attorney Jaclyn K. Semple of Eugene, said. It “is an attempt to resolve those claims short of costly and time-consuming litigation.”
Emigh was the Sweet Home plant superintendent until OMI took over operations and management of the city’s water and wastewater facilities on Dec. 1.
After OMI chose not to hire him, he was hired by the city to fill an open maintenance III position. He also has been negotiating a severance package with the city concerning his superintendent position. Emigh has worked for the city for 13 years.
Emigh claims that he had not given OMI any information about his medical condition, but has reason to believe that someone from the city divulged his confidential medical information to the new company, the notice said. A highly qualified applicant, he felt this information may have directly impacted OMI’s decision; but he alleges that it also violated the Americans with Disabilities Act and Oregon law.
His alternative employment with the city has resulted in a “substantial reduction in wages, benefits and responsibility,” the notice said. He is likely to face a significant challenge in finding another job in this field, given its specialized nature. Any similar position he may accept would likely require him to move elsewhere.
The notice said Emigh has decided that he would be willing to sign a full release of claims in exchange for two weeks of wages at his superintendent rate for each year he has been employed by the city.
He believes this is commensurate with severance packages offered other departed employees, the notice said.
The total is approximately $23,700. The superintendent position paid approximately $911 per week.
“The city denies the allegations made in the tort claim notice and disputes that the regulations and statutes cited in the notice letter support a claim on behalf of Mr. Emigh,” said a statement prepared by the city’s attorney, Barb Bloom. “The city has consistently acted in good faith in its dealings with Mr. Emigh, including the actions taken since Mr. Emigh’s former position with the city was eliminated as a result of the transfer of the city’s water and wastewater treatment operations to OMI, Inc.
“The city had offered a severance package at that time, which he chose not to accept. Mr. Emigh also was offered a vacant maintenance III position within another city division when it became available, which he accepted; and he remains employed by the city in that position.
“It is the city’s understanding that OMI, Inc. subsequently offered Mr. Emigh an opportunity to fill a vacant position at that company, which Mr. Emigh apparently declined to accept.
As of this date, the city is not aware of any legal claim actually filed by Mr. Emigh since presenting the city with the tort claim notice.”