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Ashland Today
By the People, for the People
Ashland Seeks Dismissal of Lawsuit by Former Fire Division Chief
City claims ex-chief failed to properly notify of OSHA, disability claims in initial tort claim notice.
Apr. 4, 2026 at 2:54am
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A stark, gritty image of a firefighter's badge or helmet reflects the allegations of a hostile work environment and wrongful termination within Ashland's fire department.Ashland TodayThe city of Ashland has filed a motion to dismiss part of a $1.25 million wrongful termination lawsuit filed by former fire division chief Thomas McGowan. The city argues that McGowan failed to properly notify the city of certain claims, including OSHA violations and disability discrimination, in his initial tort claim notice, and therefore those claims should be barred from the lawsuit.
Why it matters
This case highlights the importance of following proper legal procedures when filing claims against a government entity, as cities can seek to have certain allegations dismissed if they were not properly included in initial filings. The outcome could set a precedent for future lawsuits against the city of Ashland.
The details
McGowan's lawsuit alleges that fire chief Marshall Rasor created a 'hostile work environment' and that city manager Sabrina Cotta failed to investigate Rasor's misconduct. The city's motion seeks to dismiss four of the eight 'claims' in the lawsuit, related to workplace safety retaliation, denial of paid leave, disability discrimination and failure to accommodate a disability. The city argues these claims were not properly included in McGowan's initial tort claim notice, and therefore the city was not given proper notice.
- McGowan filed the $1.25 million lawsuit on December 17, 2025.
- Rasor terminated McGowan on July 2, 2025, citing budgetary reasons.
- McGowan filed the initial tort claim notice on May 25, 2025, and updated it on August 14, 2025.
The players
Thomas McGowan
Former division chief for Ashland Fire & Rescue who filed a $1.25 million wrongful termination lawsuit against the city.
Marshall Rasor
Chief of Ashland Fire & Rescue, accused of creating a hostile work environment and wrongfully terminating McGowan.
Sabrina Cotta
Ashland city manager, accused of failing to investigate Rasor's alleged misconduct.
Tracy McGovern
Attorney representing the city of Ashland in the lawsuit.
Frohnmayer, Deatherage, Jamieson, Moore, Armosino, & McGovern
Law firm representing the city of Ashland in the lawsuit.
What they’re saying
“The city was not afforded proper notice of the 'time, place, and circumstance' that purports to be the basis of this claim.”
— Tracy McGovern, Attorney for the city of Ashland
What’s next
A hearing is scheduled for May 11 before Jackson County Circuit Court Judge Benjamin Bloom, where the judge will consider the city's motion to dismiss part of the lawsuit.
The takeaway
This case highlights the importance of following proper legal procedures when filing claims against a government entity, as cities can seek to have certain allegations dismissed if they were not properly included in initial filings. The outcome could set a precedent for future lawsuits against the city of Ashland.
