Mountain View to Pay Off Ex Cop Who Says He Was Illegally Fired

MOUNTAIN VIEW, CA -- A former Mountain View Police officer who maintains that he was fired because his supervisors didn't like the fact that he also served in the Army National Guard, will receive a payout from the city to settle the ongoing legal case.

Ex officer Nicholas Emmerling is to receive $325,000 from the city, according to his legal team at Wagstaffe, von Loewenfeldt, Busch & Radwick LLP.

Emmerling joined the Mountain View Police Department as a reserve officer in 2008 and in 2012 was promoted to full time. But in May 2014, prior to the end of his probationary period, the city terminated his employment.

He filed a lawsuit 12 months later alleging that he was let go because, in part, of the scheduling conflicts caused by his having to take time off from the MVPD some days to serve in the National Guard.

Due to a lack of evidence, the lawsuit was thrown out in 2017. The lack of evidence finding came after significant portions of Emmerling's case were ruled inadmissible.

However, the evidence was brought before the Sixth District Court of Appeals last year, and in a February decision, a panel of judges found that Emmerling had provided "substantial" evidence showing that he was fired directly because of his military service.

Evidence included testimony by other officers who said that they were penalized, including being denied promotions, for serving in the military reserves.