Franklin police file suit against City

Published 2:29 pm Wednesday, October 21, 2015

The Franklin Police Department filed a complaint with the City of Franklin on Monday, for a breach of contract and actual fraud. The total compensation they are filing for is $635,000, and total punitive damages are $4,445,000. Jack Randall of Randall | Page, P.C., in Courtland, will be representing the police department.

According to the complaint filed for breach of contract, since 2002, the City has had its shift personnel work regular shifts totaling 171 hours during each 28-day work period, before being eligible to receive any overtime compensation.

Workers of the police department were compensated on bi-weekly bases, being issued two checks during each of the work periods. Each person was compensated 160 hours as their “base pay,” while they were scheduled and forced to work 171 hours “base pay” for each 28-day work period.

The police department is arguing that the City allegedly failed to fulfill the obligations of the contracts entered into with each person, in that the City failed to compensate persons for every hour that was worked.

According to the complaint that was filed for actual fraud, since 2002, at the time when each person and the City entered into each persons’ individual employment contract, the City knowingly concealed from persons that any hours worked between 160 hours and 171 hours, per each 28-day work period, would not be compensated.

The police department is arguing that the aforementioned alleged actions of the City were done in knowing and intentional violation of the rights of the persons. The complaint states that each person has suffered damage during this period of time, as they have been required to work ample number of uncompensated hours for the City.

At this time neither party nor representative of each party is able to give a comment on the matter. More information will be shared as it becomes available.