Ex-cop files lawsuit to regain his job
A former South Abington Twp. part-time police officer is suing to get his job back.
William Dubiak, an Iraq War veteran and Marine Corps sergeant, claims the township denied him the right to return to work for the police department after he came back from Iraq in December 2009.
Through his attorney Scott Schermerhorn in court papers made public Wednesday, Mr. Dubiak said he informed township officials days after returning from his deployment that the military gave him the option of being released early from active duty and he could return to civilian employment.
Under the federal Uniformed Services Employment and Reemployment Rights Act, U.S. military service members are entitled to reinstatement to their civilian jobs when they return from active duty.
The lawsuit claims the township violated the act when it chose to not reinstate him on the force and fired him in May.
Mr. Dubiak, 1002 Lookout Road, Ransom Twp., was honorably discharged from active duty in the Marine Corps on June 18, 2010, the suit said.
Township manager David O'Neill declined to comment because he had not yet seen the suit.
The township terminated Mr. Dubiak because, it said previously, he would not cooperate with providing information about a personnel matter in the Police Department. The decision to terminate came soon after the U.S. Department of Labor determined the township did nothing wrong when it decided not to put Mr. Dubiak back on patrol.
Mr. Dubiak filed a complaint with the Labor Department, alleging a USERRA violation.
Separately, the U.S. Department of Justice decided against representing Mr. Dubiak in a USERRA claim against the township and advised him to get a private attorney after he filed another claim with that agency.
"There were two past actions (by Mr. Dubiak) and they were both dismissed," Police Chief Robert Gerrity said Wednesday.
The suit, which only names the township, further seeks loss of wages, benefits and any promotions he may have earned.
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