Wrongful Termination Suit Filed Against State of New Hampshire
By Daniel Hawn
Published on December 27, 2005
A man recently filed a lawsuit against the State of New Hampshire claiming that he was wrongfully terminated as a Hampton Beach lifeguard for refusing to remove his personal website containing beach safety tips.
Daniel Ryan filed the lawsuit in Rockingham Superior Court in late October. He claims that he lost his lifeguarding job because he refused to take down his three-year-old website that contained the names of Hampton Beach lifeguards as well as tips for safe beach going activity.
State representatives say that the website had to be taken down because its message boards featured inappropriate material relating to parties and "hot" lifeguards. In addition, officials were concerned that the site could be confused with Hampton Beach's official website.
The state claims it attempted to work with Ryan to remove the website, however, he refused and was therefore placed on suspension.
On Aug. 16, while still on suspension, Ryan received a phone call from the chief of lifeguards, James Donahue, who warned him to take his website down or he would be fired. Ryan says that he was terminated after he told Donahue to go ahead and fill out the paperwork necessary to end his employment and he would promptly pick it up.
Ryan is seeking damages for wrongful termination, lost wages and benefits, emotional distress and embarrassment.
A date for the trial has not been established.
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