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Last updated on May 25, 2012 at 19:03 EDT

Employee Files Suit Over Firing

May 24, 2008
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By John Grant Emeigh, The Montana Standard, Butte

May 24–A Butte-Silver Bow County worker who was wrongfully fired is now firing back at his employer.

Tony Bonney, who works in the county’s water division, filed a lawsuit Friday in Butte district court against the county and county employees claiming his firing was improper and retaliatory.

The seven-page lawsuit alleges Public Works Director John VanDaveer and Bonney’s super-visor Jean Pentecost fired Bonney two years ago for complaining about an overtime policy.

VanDaveer fired Bonney in 2006, one day after the employee was found using a county jackhammer and compressor in his basement on his lunch hour. However, Bonney returned to work in April 2008 after an arbitrator ruled that Bonney’s firing was too harsh.

Bonney is seeking unspecified monetary damages for emotional distress and alleging his constitutional rights were violated by the firing, according to the lawsuit. The complaint also wants the court to award Bonney punitive damages in connection with VanDaveer and Pentecost actions. Punitive damages are a monetary award determined by the court as a deterrent or a punishment.

The lawsuit alleges after Bonney complained that Pentecost and other employees received mandatory overtime, he was fired in retaliation.

The lawsuit also claims the county didn’t have “just cause” for terminating Bonney’s employment. Bonney alleges the county and his supervisors never informed him of the allegations against him and failed to provide evidence against Bonney of any wrongdoing before he was fired.

Butte-Silver Bow Personnel Director Tim Clark said county officials hadn’t seen the complaint as of Friday afternoon and there wouldn’t be any comment.

Bonney didn’t return a phone message seeking comment Friday afternoon.

Bonney started as a water company laborer in 1988, becoming a Butte-Silver Bow employee in 1992 when the county took over the system. He was a candidate for chief executive in 2004.

— Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net or by telephone, 496-5511

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