Jury awards former Baker City Firefighter $200,000

BAKER CITY – Jason Bybee, a former Baker City firefighter, has been awarded $200,000 after pursuing a civil suit against former Baker City Manager Jonathan Cannon and Baker City. 

According to court documents, on or around October 26, 2020, Bybee “contracted COVID-19 in the course and scope of his work.” Bybee then filed for workers’ compensation which was accepted by the City’s workers’ compensation carrier. The effects of COVID-19 lasted many months, causing Bybee to not work for most of 2021, according to records.

Records show that “On or around June 29, 2021, Plaintiff requested that the City make reasonable accommodation of his disability. On several subsequent occasions, Plaintiff requested accommodation by asking the City to allow additional leave from work or to reassign him in an available position suitable for his medical restrictions.”

“On or around February 7, 2022, Cannon and Spriet gave Plaintiff a letter stating that the City had terminated Plaintiff’s employment. The letter stated that “additional leave is being denied” and that Plaintiff may “apply” to be employed in an open position with the City in the future.”

The suit, filed by Bybee for Unlawful Employment Practices, asked for compensatory damages in the amount of $800,000

Complaints filed included:

Plaintiff’s filing of a workers’ compensation claim and/or utilization of the procedures in ORS Chapter 656 was a substantial factor in the City taking one or more of the following adverse actions against Plaintiff:

(a) Refusing to make reasonable accommodation of Plaintiff’s disability;

(b) Refusing to hire Plaintiff for the position of assistant to the chief;

(c) Refusing to hire Plaintiff for the position of evidence clerk;

(d) Prohibiting Plaintiff’s use of in-kind benefits of his employment;

(e) Terminating Plaintiff’s employment; and

(f) Withholding Plaintiff’s badge at the end of his service.

View the full complaint document below.

The three-day trial took place this week with a verdict handed down via a 12-person jury. 

Within the verdict documents, the following information was found.

  1. Was the plaintiff’s filing of a workers’ compensation claim a substantial factor in

defendant Baker City terminating the plaintiff’s employment or discriminating against

the plaintiff in the privileges of employment?

ANSWER: NO

2. Did defendant Baker City unlawfully deny the plaintiff his right to be reinstated in his

former position?

ANSWER: NO

3. Did defendant Baker City unlawfully deny the plaintiff his right to be reemployed in an

available and suitable position?

ANSWER: YES

4. Was the plaintiff’s disability a substantial factor in defendant Baker City terminating the

plaintiff’s employment or discriminating against the plaintiff in the privileges of

employment?

ANSWER: YES

5. Did defendant Baker City fail to make reasonable accommodation the plaintiff’s

disability?

ANSWER: YES

6. Was defendant Baker City’s conduct a cause of damages to the plaintiff?

ANSWER: YES

7. What are the plaintiff’s economic damages?

ANSWER: $100,000

8. What are the plaintiff’s non-economic damages?

ANSWER: $60,000

9. Did defendant Jonathan Cannon aid or abet, or attempt to aid or abet, an unlawful

employment practice?

ANSWER: YES

10. Was defendant Jonathan Cannon’s conduct a cause of damages to the plaintiff beyond

any damages caused by Baker City?

ANSWER: YES

11. What are the plaintiff’s non-economic damages? Those damages, if any, must be limited

to those that are in addition to those caused by Baker City.

ANSWER: $40,000

The full verdict document can be found below