August 7, 2013 by

NY Firefighters Don’t Get to “Party” – Employee Lawfully Discharged for Testing Positive for Cocaine has No Valid ADA Discrimination Claim

By Mitchel Wilson

drug test failIn Maresca v. City of New York, the 2nd Circuit Court of Appeals concluded that the enforcement of NYFD’s zero-tolerance policy for drugs was not a pretext to discharge New York Firefighter Maresca because of his post-traumatic stress disorder (“PTSD”). The 2nd Circuit affirmed summary judgment for the City when Maresca tested positive for cocaine and he was fired soon after and solely because of the test results.  Even though Maresca established the prima facie case because he was a sufferer of PTSD, his employer knew he had PTSD, and he was fired, the court found that the employer successfully rebutted the argument. [Read more…]

Filed Under: Disability Discrimination, Discrimination, Legal Rights
August 5, 2013 by

Pregnant Paramedic can Bring Retaliation Complaint for Validly Claiming a Hostile Work Environment from Taunts when Her Baby Bump Prevented Her from Adhering to Uniform Policy

By Mitchel Wilson

no pregnancyIn Mocic v. Sumner County Emergency Medical Service, 117 FEP Cases 1005 (M.D. Tenn. 2013), a Federal District Court dismissed two of a discharged Tennessee paramedic’s claims, but allowed her claims for sexual harassment and retaliation to proceed to trial.  Both of her Title VII claims fail because there wasn’t any actual harm suffered just the appearance of harm.  Leading up to her discharge her employer and supervisor taunted her daily, would kick her chair, and tease her about her poorly fitting uniform as her pregnancy progressed.  Ultimately she filed a complaint with the EEOC and was fired soon after; her employer asserts that she was discharged because of her inability to lift overweight patients after a shoulder injury.

[Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination
August 5, 2013 by

Failure to Firmly Discipline Officers who used Excess Force Creates Just Cause to Fire Police Sergeant

By Anthony Rice

ExcessiveIn City of Bartlesville, the arbitrator found there was just cause to terminate an Oklahoma City police sergeant for not properly controlling officers who engaged in excessive force. The arbitrator applied the 7 tests for finding just cause and found the sergeant’s actions showed a lack of proper supervision of the officers under his watch command.

[Read more…]

Filed Under: Arbitration Rulings, Discipline
August 5, 2013 by

The City’s Decision to Demote Field Training Officer Years after Alleged Misconduct Set Aside by Arbitrator

By Anthony Rice 

DemotionIn City of Chicago, the arbitrator found that the City’s decision to demote a Chicago police officer for “problematic behavior” was arbitrary and capricious, because the decision relied solely on a complaint registered against the officer in 2007.

[Read more…]

Filed Under: Arbitration Rulings, Discipline
August 2, 2013 by

Sheriff’s Inability to Prove Deputy Sheriff was the “Head Butting” Aggressor in a Domestic Violence Case Allows Deputy to Keep His Job.

By Anthony Rice 

ProofIn Broward County Sheriff, the arbitrator found that the Sheriff’s Office did not have just cause to discharge a Florida deputy sheriff accused of domestic violence, because no reliable evidence was presented to show that the deputy head-butted his girlfriend and the little evidence that was presented had been altered at the scene.

[Read more…]

Filed Under: Arbitration Rulings, Discipline
July 31, 2013 by

Police Chief Has a Constitutional Right to a Pretermination Hearing

By Anthony Rice

constitutionIn Washington v. Burley, a School District Police Chief’s due process claim survived summary judgment because there was a genuine issue of material fact concerning whether the employer gave him “an opportunity to present his side of the story.” The court held that a reasonable jury could conclude that the employer never allowed the chief to submit a written response or otherwise present his response before being terminated. [Read more…]

Filed Under: Legal Rights
July 31, 2013 by

“Temporal Proximity” between Protected Speech and Discipline Not Enough to Support Officer’s First Amendment Retaliation Claim when Independent Cause for Discipline Existed

By Anthony Rice

Computer-iconIn Smith v. County of Suffolk, the plaintiff Raymond Smith, a Suffolk County Police Lieutenant, failed to show a connection between his protected free speech and the adverse employment action. The court held that Smith’s First Amendment Retaliation claim failed because a jury could conclude Smith’s discipline was linked to repeated misuse of the employer’s computers and not his protected free speech. [Read more…]

Filed Under: Free Speech Rights, Legal Rights
July 30, 2013 by

Mere Self-interest In The Speech Does Not Preclude an Officer From Filing a First Amendment Retaliation Claim

By Anthony Rice

liabilityIn Kristofek v. Village of Orland Hills, the court reversed a judgment dismissing an officer’s Free Speech Claim. The lower court held that the officer’s Free Speech Claim failed because it was based on a self-interest motive—protection from civil and criminal liability—and not on a matter of “public concern.” However, the appeals court reserved, holding that the officer’s motive, by itself, does not conclusively determine whether a public employee’s speech involves a matter of public concern and is thus protected.

[Read more…]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
July 30, 2013 by

A Police Officer’s Termination for Extensive Absence Survives Due Process Claim—Discretionary Leave Granted in the Form of a Permanent Vacation

By Anthony Rice

FiredIn Kuhn, the plaintiff Eric Kuhn, a Deputy Sheriff, sued his employer, the county, alleging denial of procedural due process when he was terminated following a false rape allegations.  The Sixth Circuit affirmed the judgment of the lower court dismissing Kuhn’s claim. The court found no due process violation occurred because Kuhn had proper notice and opportunity to be heard. Kuhn was given written notice of his impending termination, Kuhn was given a sufficient explanation that he would be terminated, Kuhn had several days in which to respond, and a post-termination hearing process was available to Kuhn. [Read more…]

Filed Under: Legal Rights
July 30, 2013 by

NYPD’s Alcohol “Treatment or Termination” Policy is Not a Threat That Gives Rise to a False Imprisonment Claim

By Anthony Rice

alcohol-addictionIn Frey, a NYPD sergeant sued the city claiming the NYPD’s policy of mandating inpatient treatment for alcohol abuse on pain of termination constituted false imprisonment. The court held that there was no false imprisonment because threat of termination for not attending alcohol abuse treatment was a peaceful consequence for noncompliance. [Read more…]

Filed Under: Discipline
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