WAYNE -- A former township police officer has filed suit after he was fired for allegedly eating in a diner when he was called to respond to a cardiac arrest.

Erik Ferschman was fired after he allegedly neglected his duties and for his "lack of candor," according to the documents filed in the Passaic County Superior Court. He said he wants a hearing on his case and a reversal of the town's decision.

Ferschman earned $86,393, according to state pension records. The local chapter of the police union called for residents to support Ferschman at the Township Council meeting scheduled for Wednesday.

An internal investigation found that Ferschman was eating without permission at Park Wayne Diner in September 2015, which was outside his patrol zone.

It found that he was dining with four other police officers when he received a call about a person in cardiac arrest and was reportedly delayed in responding, after continuing to eat and paying his share for food.

Ferschman's speed then reached 105 miles-per-hour on his way to the call, officials alleged. He didn't report the correct time of his arrival to the dispatcher, according to the documents.

The patient on that call was pronounced dead before Ferschman left the diner.

Ferschman then hurried back to the diner, again speeding, the township alleges. He reportedly traveled four miles in about three minutes and told the dispatcher that he was still on the scene when he was, in fact, back at the diner.

Ferschman later told investigators that he wasn't sure of his speed back to the diner, but was recorded joking about how fast he was traveling.

The investigation additionally found that Ferschman waited 12 minutes in a church parking lot earlier in the day before responding to a call about an odor of something burning. It found that he had also visited the diner for about one hour and 45 minutes the day before.

In December 2015, Ferschman was given a preliminary notice of disciplinary action. Ferschman argued to the hearing officer hired by the police department that officials violated state rules requiring charges be made within 45 days of the incident.

The hearing officer denied his motion because Wayne Police Chief James Clarke received his last report on the investigation at the end of November 2015.

Among Ferschman's arguments were that the patient didn't die because he was late to respond.

The hearing officer determined in a written noticed dated November 14 of this year that Ferschman should be fired.

On November 21, Ferschman was given a notice of payroll change which indicated that he was terminated from his position. Ferschman said he had not received a final notice of disciplinary action.

Ferschman's attorney didn't immediately return a request for comment. The township's attorney, Matthew J. Giacobbe, said the town doesn't comment on ongoing specific personnel matters.

Sara Jerde may be reached at sjerde@njadvancemedia.com. Follow her on Twitter @SaraJerde.