Todd McCain, left, and Gary Mayor Eddie Melton

Todd McCain's wrongful termination lawsuit cites political retaliation

Contributed By: The 411 News

In Todd McCain's wrongful termination lawsuit against his former employer, he puts the blame on being on the losing side in Gary's 2023 mayoral race.

McCain was hired by the Gary Sanitary District as a Community Engagement and Compliance Director by then Executive Director Daniel F. Vicari in December 2021.

Jerome Prince was the city's mayor. McCain's brother Trent McCain was the city's deputy mayor.

Atty. Russell W. Brown, Jr., of Merrillville, filed the complaint against Gary Mayor Eddie Melton and the Gary Sanitary District in Hammond's federal court on Monday, September 30th as a violation of his client’s First Amendment rights as a public employee.

Melton defeated Prince in the 2023 Democratic Primary, going on to win the November General Election.

McCain’s complaint cited a yearly performance evaluation done by Vicari in 2022. He cited the 2023 performance evaluation done by Vicari's successor, Rhonda Anderson.

"Both of McCain's evaluations were stellar," the complaint stated. "In McCain’s November 2023 evaluation, Anderson wrote that McCain “exceeded expectations” in seven out of ten categories; “far exceeded expectations” in one category; and “met expectations in two categories."

After taking office on January 1, 2024, McCain's complaint states, Mayor Melton and the GSD terminated his employment.

It's an accepted practice when city administrations change hands, agency heads appointed by a previous mayor will resign or accept the incoming mayor's request for a resignation letter.

But McCain's complaint says Mayor Melton and the GSD went too far. "His termination, without just cause, was an act of political retribution and constituted wrongful termination under the law." McCain was not appointed by the mayor; only a member of the GSD staff where political affiliation was not a criteria for employment.

McCain had supported Mayor Prince for re-election and the First Amendment protected his right to freedom of association and political expression, the complaint said.

Atty. Brown wants McCain to be compensated for wages and employee benefits he lost, attorney’s fees, expert witness fees, expenses, and costs of the lawsuit.

Front pay is also included in the compensation. It is measured from the start date of the trial until the court comes to a decision. The attorney wants a jury trial.

Story Posted:10/02/2024