By Gabriel Monte
The Lubbock Avalanche-Journal
LUBBOCK, Texas — A Lubbock firefighter is seeking more than $55,000 in back pay, saying he was improperly suspended without pay when he faced felony charges stemming from a revenge porn arrest.
Travis Parkinson filed a lawsuit June 5 in the 99th District Court against Lubbock Fire Rescue Chief Mike Kemp claiming a breach of contract.
Parkinson alleges Kemp improperly suspended him without pay, forcing him to use vacation and sick days.
Parkinson, who is paid $19.87 per hour as a firefighter, used 440 hours of vacation and 459.02 hours of sick leave while he was suspended without pay, according to the lawsuit.
Parkinson, who was hired as a firefighter in 2003, is still employed with the city and is on paid leave, said city spokesman Jeff McKito.
Mckito cited a city policy against commenting on pending litigation.
As of Friday, city officials had not filed a response in court.
Parkinson was placed on injury leave Nov. 9 2012, according to the petition.
On June 27, 2014, Parkinson was suspended with pay “for a matter unrelated to his employment,” the petition states.
Lubbock police arrested Parkinson on June 26 on charges of online harassment.
He was accused of creating an account on a pornographic website using his ex-girlfriend’s name and posting a sex tape of her without her permission.
On July 11, Parkinson was suspended without pay after a Lubbock County grand jury returned an indictment for a third-degree felony count of online impersonation.
The Lubbock County Criminal District Attorney’s Office dismissed the case in January, according to court records.
In February, Parkinson’s status with the department was returned to personal leave with pay, according to the lawsuit.
Parkinson alleges Kemp failed to file a statement with the Civil Service Commission explaining why he suspended Parkinson without pay nor did he tell Parkinson he could appeal his suspension.
Parkinson is seeking to return the classification of his leave to injury leave, according to the petition.
The firefighter is asking the court to return vacation and sick days he’s used as of Feb. 19, which cost him about $17,800.
He is also seeking about $35,500 in lost wages and $2,300 in health insurance reimbursement since he was suspended without pay.
Lubbock Fire Rescue spokesman Steve Holland said his department had no comment on the lawsuit.
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