David Peterson (Jacqueline Allison / The Daily Herald)

Unvaccinated firefighters put on unpaid leave sue to recoup back pay

Eight Snohomish Regional Fire and Rescue firefighters contend unpaid leave was not legal. Six of them are back at work

MONROE — Eight Snohomish Regional Fire and Rescue firefighters placed on unpaid leave when they refused to comply with a COVID vaccine mandate are suing for back pay, accrued vacation days and other benefits lost while off the job.

In a complaint filed in U.S. District Court in Seattle, the workers, who each had a religious exemption to the mandate, contend the leave of absence was not a “lawful” accommodation” and they are entitled to compensation for “financial losses.”

Workers also allege that the accommodation policy for unvaccinated employees — negotiated by the district and firefighter’s union — discriminated against them because of their religious beliefs.

“The Plaintiffs can establish a prima facie case of discrimination: They have a bona fide religious belief which conflicted with the employer’s policy, they placed their employer on notice of the conflict, the employer took adverse action against them,” reads the employment discrimination suit filed Nov. 22.

Five plaintiffs — David Peterson, Beau Watson, Jay Stickney, Evan Merritt, and Kevin Gleason — are back on the job after fire commissioners in April agreed to retool how to accommodate the return to work of unvaccinated workers. Another, Riley Korf, is returning soon too.

Norm Alan Peterson II and Ryan Stupey, the remaining plaintiffs, are still on unpaid leave.

Snohomish Regional Fire and Rescue officials had not been served with the lawsuit as of Monday.

In a statement, they said: “All our actions in addressing the impacts of the COVID-19 pandemic, including our decisions in addressing the Washington State vaccination mandate for healthcare workers have been made with the safety of the community and our employees as our highest priority,” reads a statement issued by the district.

This is the latest twist in a drama seeded in Gov. Jay Inslee’s August 2021 order requiring providers of health care services — including firefighters and paramedics — be vaccinated against the coronavirus. The deadline to comply was Oct. 18, 2021.

After that date, in order to keep working, an employee covered by the mandate had to have received the vaccine or obtain a religious or medical exemption and reasonable accommodation from their employer. Such accommodations could include masking, testing regularly or working remotely. Across the state, thousands of state employees quit or were terminated for not complying.

The Snohomish Regional Fire and Rescue and International Association of Firefighters Local 2781 negotiated a memorandum of understanding stating that unvaccinated employees who did not receive accommodations would be given an unpaid leave of absence for up to one year. The clock would begin once the worker used up all their paid leave.

Though all eight plaintiffs had obtained a religious exemption, the district determined firefighters could not do their jobs safely and effectively by wearing masks, testing regularly and maintaining social distance on the job. As many as 13 firefighters were put on leave.

In April, Snohomish Regional Fire and Rescue’s Board of Commissioners voted to allow workers to return to the job starting June 1.

At the time, Fire Chief Kevin O’Brien said it was always the district’s intent to bring employees back.

“We saw a change in the landscape of COVID-19, and the district sees we are able to safely accommodate firefighters on a case-by-case basis to have them come back to duty,” O’Brien said. “It’s a different time than it was last winter or last fall.”

Snohomish Regional Fire and Rescue provides firefighting and emergency medical services to 180,655 residents in Lake Stevens, Monroe, Maltby, Clearview, and unincorporated southeast Snohomish County.

Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com; Twitter: @dospueblos.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Joshua Kornfeld/Kitsap News Group
SNAP benefits are accepted at the Bainbridge Island Safeway.
WA sues contractor to prevent sharing of food stamp data with feds

States fear the Trump administration could use the information to target immigrants. The company said after the lawsuit was filed it had no plans to hand over the data.

Traffic slows as it moves around the bend of northbound I-5 through north Everett on Wednesday, May 22, 2024. (Olivia Vanni / The Herald)
Paving project will close I-5 lanes in Everett

Crews will close up to 4 lanes overnight for weeks to complete the $8.1 million repairs.

Top, from left: Bill Wheeler, Erica Weir and Mason Rutledge. Bottom, from left: Sam Hem, Steven Sullivan.
Candidates seek open District 1 seat in crowded race

Five people are aiming to take the open seat left after current council member Mary Fosse announced she would not run for reelection.

From left to right, Lynnwood City Council Position 3 candidates Josh Binda, Tyler Hall and Bryce Owings.
Position 3 candidates focus on affordability amid city’s growth

City Council Vice President Josh Binda is seeking a second term against challengers Tyler Hall and Bryce Owings.

South County Fire plans push-in ceremony for newest fire engine

Anybody who attends will have the opportunity to help push the engine into the station.

District 1 candidates talk financial priorities, student needs

Three newcomers — Carson Sanderson, Arun Sharma and Brian Travis — are eyeing the vacant seat on the district’s board of directors.

Tony Quincy, Marylin Quincy's son, holds up a portrait honoring her during a second line parade at the 33rd annual Nubian Jam on Saturday, July 26, 2025, at Forest Park in Everett, Washington. (Will Geschke / The Herald)
Locals honor Black leader at Everett’s Nubian Jam

The celebration honored the late Marylin Quincy, who founded the Snohomish County Black Heritage Committee. She died in June at 81.

Downtown Edmonds is a dining destination, boasting fresh seafood, Caribbean-inspired sandwiches, artisan bread and more. (Taylor Goebel / The Herald)
Edmonds commission studying parking fees and business tax proposals

Both ideas are under consideration as possible revenue solutions to address a $13M budget shortfall.

Travis Bouwman with Snohomish County PUD trims branches away from power lines along Norman Road on Thursday, July 24, 2025 in Stanwood, Washington. (Olivia Vanni / The Herald)
Snohomish County PUD activates fire safety protocols

As wildfire risks increase in Western Washington, the PUD continues to implement mitigation and preparation efforts.

Top, from left: Amber Cantu, Gary Kemp, Dan Perkins. Bottom, from left: R.J. Whitlow, David Garrett.
Crowded race to fill open Position 3 seat

After incumbent Tom King decided not to run for reelection, five people stepped up to run in the August primary.

File photo 
People wait in line to see a U.S. Army Chinook helicopter being exhibited in 2022 at Arlington SkyFest.
Arlington SkyFest rental waiver denied for the first time in 10 years

Arlington Airport Commission says the event is moving away from aviation.

Second fire vehicle stolen in a week — this time in Edmonds

Police searching for a suspect who stole and abandoned a South County Fire Ford F-150 on Friday.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.