Fired firefighters file federal suit vs. ex-finance chief

The firefighters who were terminated for refusing to get vaccinated for COVID-19 have recently filed a federal lawsuit against former Department of Finance secretary David DLG. Atalig over premium pay they were entitled to.

Last Tuesday, the nine firefighters who were terminated back in 2021 for refusing to get COVID-19 vaccinated filed a lawsuit against Atalig over the premium pay they claim they are entitled to for working during the height of the Covid-19 pandemic.

The plaintiffs are Paul T. Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Argernon A. Flores, Derek B. Gersonde, Shawn DLR. Kaipat, Philip M. Kalen, and Adam J. Safer.

The plaintiffs’ attorney, Joseph Horey, claims that his clients were deprived their civil rights when they were not given the full $5,000 premium benefit all first responders were entitled to during the pandemic.

Specifically, the plaintiffs claim they were only given $1,000 in premium pay.

“Defendant’s actions in approving less than the full $5,000 amount of premium pay for plaintiffs were without rational basis, and deprived plaintiff of the equal protection of the laws guaranteed to them by the 14th amendment to the U.S. Constitution, as applicable to the CNMl via the Covenant, and actionable pursuant to 42 U.S.C. § 1983. 13. Defendant’s actions were taken under color of CNMI law,” said Horey.

As relief, the plaintiffs want to be paid damages in the amount of the unpaid balance of premium pay due each plaintiff, incidental and consequential damages in an amount to be proved at trial, costs for filing the lawsuit, and attorney’s fees.

According to the lawsuit, on or about Dec. 29, 2021, former governor Ralph DLG Torres announced that the Department of Finance would release premium pay for CNMI government employees who had worked at least 40 hours to directly mitigate the COVID-19 pandemic.

“According to the announcement, CNMI government employments who had worked on the front lines of the pandemic for at least 40 hours in directly mitigating COVID-19, such as providing prevention, response, preparedness, and recovery services, would receive $5,000 in premium pay,” said the lawsuit.

Each of the plaintiffs, as DFEMS employees, had worked at least 40 hours to directly mitigate the COVID-19 pandemic, said the lawsuit.

“Each of the plaintiffs filled out, and submitted to the Department of Finance, their respective applications for premium pay. Although each of the plaintiffs met all the qualifications for premium pay in the amount of $5,000, [Atalig] approved premium pay for each of them in the amount of $1,000 rather than the full $5,000,” said the lawsuit.

The plaintiffs claim that Atalig decided arbitrarily that resigned, terminated, and inactive frontline employees would receive premium pay in the amount of $1,000 only.

“Plaintiffs, who were no longer employed by the Commonwealth government at the time premium pay was issued, were therefore paid less than full premium pay, notwithstanding the fact that they had already performed the amount of direct pandemic mitigation work required to qualify for full premium payment,” they argued.