By Jim Cline
We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Here are some other articles we think are worth a look: [Read more…]
Archives for June 2013
June 12, 2013 by
Recent Blog Articles of Note
June 10, 2013 by
Retaliation Claim Viable: Hispanic Deputy Sheriff’s Nationality Questioned Immediately After Filing a Workplace Complaint
By Kate Acheson
The Colorado District Court refused to dismiss Hispanic Deputy Sheriff Theresa Garcia’s retaliation, discrimination, and common law civil conspiracy claims in Garcia v. Arapahoe Cnty. Sheriff’s Office, finding that these claims concerned genuine issues of material fact and could not be summarily dismissed. [Read more…]
June 10, 2013 by
Polish not Pollock: Native Polish Officer Successfully Brings Discrimination Claims
By Mitchel Wilson
In Zasada v. City of Englewood, 117 FEP Cases 1454 (2013), the court denied the City’s motion to dismiss Zasada’s claim of a hostile work environment because of his national origin, claim of discrimination based on national origin, and equal protection claims when he was referred to in a derogatory manner and experienced an adverse employment action. [Read more…]
June 7, 2013 by
Almost Nine Lives – Officer Terminated after Signing Last Chance Agreement for Misconduct Following Seven Suspensions
By Mitchel Wilson
In Dominguez v. O’Flynn, 35 IER Cases 246 (N.Y. App. Div. 2012), on appeal, the Supreme Court Appellate Division overturned an order of reinstatement of a sheriff’s deputy when the court found a valid last chance agreement existed. The termination was valid regardless of the fact that two of the three charges of misconduct were determined invalid because the deputy had violated the last chance agreement in a single instance of misconduct. Although the last chance agreement was entered into in lieu of a disciplinary hearing, the court found this was not coercion and did not render the agreement void. [Read more…]
June 6, 2013 by
Federal Appeals Court Dismisses Due Process Claim Involving the Removal of a K-9 Position with No Specialty Premium and Retaliation Claim When No Connection to Action and Protected Activity Demonstrated
By David Worley
In Gawlas v. King, 34 IER Cases 1485 (3d Cir. 2013), the Federal Third Circuit upheld the dismissal of both retaliation and claim brought by a Pennsylvania police officer when there was no alleged causal connection between the complaining officer’s union position and political affiliations and the removal of the K9 unit to which he was assigned. The court also found no due process violation, finding no property interest in the K-9 position which offered no premium pay. [Read more…]
June 6, 2013 by
California Corrections Lieutenant Who Fails Baton Handling Test Not Owed a Transfer to an Administrative Position
By David Worley
In Furtado v. State Personnel Board, 34 IER Cases 1585 (Cal. Ct. App. 2013), the court upheld a medical demotion of a California Correctional Lieutenant to a support position who was deemed unable to perform the physical aspects of the peace officer job after he failed the baton handling test. A California Government Code barred waiving physical requirements of peace officer jobs, the court held that, and the Lieutenant’s request to be transferred to an “Administrative Lieutenant” position was functionally a request to have those requirements waived, as all corrections officers must be able to perform the physical requirements.
