By Anthony Rice
In De Le Garza, a First Amendment retaliation claim survived summary judgment when there was independent testimony that the Sheriff did not hire the plaintiff, the only candidate for School Resource Officer, because of the plaintiff’s political stance. [Read more…]
By David Worley
In Federal Bureau of Prisons, 131 LA 536 (Betts, 2012), the arbitrator held the 14 day suspension of a corrections officer was too severe when one of the three alleged instances of misconduct was unsupported, and a fellow officer disciplined for the other two instances of misconduct only received a three day suspension. Finding that just cause requires similar misconduct to require similar discipline, the arbitrator found the penalty had to be reduced and required the officer be compensated for the days of unjust suspension. [Read more…]
By David Worley
In Department of Justice, 131 LA 550 (Moreland 2013), the arbitrator held that the denial of a promotion to a federal corrections officer was improper when the only reason for the denial was the existence of an excessively long ongoing investigation that implicated the grievant by mistake. Because the only clear reason for the denial of promotion was the improper investigation, and the employer did not enjoy unfettered discretion in determining promotions as dictated by statute, the CBA, and relevant regulations, the denial was improper and the grievance was sustained. The arbitrator also determined it was within arbitral authority to compel a promotion. [Read more…]
By David Worley
In a brief and straightforward decision in City of Benicia, 131 LA 1099 (Gentile, 2013), the arbitrator denied a higher rate of “educational incentive” pay to a California police officer when that rate awarded to police officers who were employed prior to a certain date, and the grievant was employed by the city prior to that date, but not as a police officer. [Read more…]
By David Worley
In Bowman v. St. Luke’s Quakertown Hospital, 27 AD Cases 786 (E.D. Pa. 2012), the District Court dismissed an EMT’s failure to accommodate claims under the ADA, but denied the motion to dismiss his FMLA claims when he had been fired for taking too much time off, following a transient ischemic attack which made him unable to work as an EMT. To survive the motion to dismiss, the plaintiff only needed to allege sufficient facts, when viewed in a light most favorable to the plaintiff, to indicate he had been deprived of his FMLA rights. His complaint met this low standard. [Read more…]
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…]
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…]
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…]
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…]
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…]
