UPPER TOWNSHIP — Marmora resident Michelle Sampson is suing Upper Township for wrongful termination under the state Civil Rights Act and reinstatement to her position as chief EMT.
The complaint, filed by attorney Louis Barbone in state Superior Court, states that Sampson was hired in June 2006 as an EMT, serving in that position “in exemplary fashion” until November 2016, when she was appointed senior EMT and later chief EMT to the Division of Emergency Medical Services in November 2019.
“Defendant’s action and conduct in terminating the plaintiff precipitously … following her conscientious service for a period of 16 years and her exemplary service entitling her to the appointment … was an egregious act of governmental misconduct, violating the plaintiff’s liberty and property rights that offend judicial notions of fairness,” it states.
The complaint notes the promotion was a provisional appointment, pending a test and certification. In December 2020, the state Civil Service Commission published notice of Sampson’s eligibility for the position, noting she ranked first on the test. On Jan. 1, 2021, she was appointed as the permanent chief EMT, as well as safety coordinator with an additional stipend.
The complaint further states that the township did, on Feb. 22, 2021, “unreasonably, and without any basis in fact or law, arbitrarily and egregiously terminate” Sampson as chief EMT “without notice, without any require preliminary notice of disciplinary action and without a lawful basis or process.”
Sampson is seeking a stay regarding a notice of disciplinary action filed March 29, 2021, alleging a violation of employee policy, according to the complaint, as well as legal fees, compensatory and punitive damages.