A federal appeals court handed a former Oakland County employee a partial victory in a lawsuit over his firing.

In late April, the Sixth Circuit Court of Appeals in Cincinnati ruled that the case must go back to U.S. Eastern District of Michigan Judge F. Kay Behm to reconsider lack of due process.

But the appeals court said Hieber didn’t prove age discrimination or political retaliation led to his firing.

Hieber was fired from his job in the equalization office in late November 2021. He sued the county and his supervisor, Kyle Jen, the then-director of the management and budget office, for wrongful discharge in June 2022 citing lack of due process, age discrimination and retaliation for political affiliation.

Attorney Kevin Kelly, of the Saginaw-based Mastromarco Firm that represents Hieber, said the narrower definition of the case could result in a win that exceeds the $250,000 settlement offered by the county in 2023. Behm rejected the settlement in March 2024, because the county’s attorney wasn’t authorized to approve the agreement.

“We’re very happy about the decision, though we don’t agree with the (Appeals Court’s) analysis of the other two claims,” Kelly said.

County officials who met Hieber during a disciplinary hearing didn’t follow the rules, he said.

“You’re supposed to be apprised of the charges, get a summary of the evidence and have the opportunity to respond,” Kelly said. “They told him that the meeting was not the time for him to respond. All we have to prove is that he didn’t get a meaningful opportunity to respond.”

Oakland County spokesman Bill Mullan said the county does not comment on unresolved litigation.

Hieber was hired by the county in 1994 and is a state-licensed real estate appraiser who has taught classes around the state. He worked during the Brooks Patterson era and claimed his political support for the late county executive as one of reasons he was fired.

Court documents show the county investigated two complaints against Hieber, filed about one year apart by the same person.

The first involved an offhand remark Hieber made about preferred pronouns that a human resources investigation deemed unsubstantiated.

County officials instituted a coaching program in 2021 for managers and later sent employees a survey about diversity, equity and inclusion that could be answered anonymously.

The employee filed a grievance file with UAW Local 889, which represents more than 850 county employees. That complaint said Hieber openly criticized the survey, discouraged others from taking it and created a hostile work environment.

A second investigation started the next day, which documented other employees’ concerns about Hieber’s approach to mental health and diversity issues as well as COVID precautions. Two women reported incidents: One said he didn’t speak to her for years after yelling at her many times. The other woman said he once followed her home from work as he suspected she was having an affair.

Kelly said he expects the case to be back in court in the fall. White Lake Township hired Hieber in May 2022.