Cole v. Fair Oaks Fire Protection District

Leonard Cole (plaintiff) worked as a firefighter for the Fair Oaks Fire Protection District (FOFPD) (defendant). Cole was successful in his career as a firefighter. He moved up the ranks within the district. He achieved the rank of captain and was elected as a union representative. After becoming a captain, Cole was diagnosed with high blood pressure and placed on medication. The assistant chief had been subjecting Cole to unreasonable stress and pressure because of his role as union representative, which caused Cole’s high blood pressure. The assistant chief deliberately harassed Cole during union negotiations. The assistant chief refused to excuse Cole from a meeting in order to attend a funeral. The assistant chief purposefully devised ways to punish Cole for his union activities. Eventually, Cole went on sick leave due to his health. The assistant chief arranged a disciplinary hearing that could be described as a kangaroo proceeding. As a result, Cole was demoted to engineer. Cole was ordered to return to work and assigned to entry-level work as a dispatcher. Later, the FOFPD board of directors reinstated Cole as captain. The harassment by the assistant chief had continued during this entire period. The assistant chief even filed an application to force Cole to retire involuntarily. One day, Cole suffered a totally disabling vascular accident (i.e., a stroke) that left him unable to move or communicate other than with blinking. A civil action was brought against FOFPD for intentional infliction of emotional distress. The case was appealed to the California Supreme Court.