JERSEY CITY -- A court has reinstated a portion of a lawsuit filed by a former Stevens Tech deputy police chief that claims he was fired under the pretext of not being a citizen so the chief could hire a friend.
In 1992, James Collins immigrated to the U.S. after marrying a U.S. citizen and began working as a security guard at Stevens Institute of Technology in Hoboken. He had served in the British Army and had law enforcement experience.
The next year a position for a campus police officer opened up and Collins said Stevens Police Chief Timothy Griffin encouraged him to apply. His application was accepted and he graduated from the police academy in June 1993, the appellate court ruling says.
In his suit, Collins said he noted he was a resident alien and held a "Green Card" and working papers in his application to Stevens and his status was known to both campus and city police, the ruling says.
In 1996, Stevens fired Collins purportedly for job performance issues. He sued saying the school had violated anti-discrimination laws.
Within two years, there was a settlement and he was back on the job. He said that as part of his reinstatement process, he again noted his immigration status.
Collins received two president's citations for excellence, as well as a good conduct award, honorable service award, service commendation, and an excellent service award, the ruling says.
But Collins alleges that in 2008, Griffin began hiring retired municipal officers already collecting pensions from the state to fill positions at the campus department.
He claims that in 2013, Griffin wanted to hire a friend from the Hudson County Prosecutor's Office, but there were no openings. So Griffin began working to undermine Collins, creating a hostile work environment in an effort to terminate him to create that opening, the lawsuit alleges.
On April 3, 2014, Stevens suspended Collins on the grounds he was not a U.S. citizen and on May 24, 2014 he was fired, Collins says in the lawsuit.
Collins then filed the lawsuit alleging the defendants breached his employment contract, violated public policy, and violated several anti-discrimination laws in firing him, the ruling says.
A Superior Court judge dismissed the lawsuit but earlier this month an appellate court affirmed the dismissal of the public policy allegations, but said the the lawsuit could otherwise move forward.
The defendants had relied on a state statute that says an applicant for the position of police officer in New Jersey must be a U.S. citizen, the ruling says.
The appellate court acknowledged the statute, but noted that the statute for a law enforcement officer at an educational institution includes no such requirement, the ruling says.
The appellate court affirmed "the dismissal of the complaint's count alleging a violation of public policy. We vacate the dismissal order as to the remaining counts and remand the matter," for trial.
A spokeswoman for Stevens said this morning that the school does not comment on ongoing litigation.