August 20, 2013 by

Officer Terminated after Arrest for Illegal Sale of Firearm Survives Motion to Dismiss Due Process Claim

By David Worley

Due ProcessIn Dooley v. City of Bridgeport, 34 IER Cases 1507 (S.D. Ill. 2013), the court denied motions to dismiss the due process claims of Officer Dooley, an Illinois police officer who was terminated following an arrest for illegally selling a firearm.  The charge turned out to be baseless, and Dooley challenged his termination on due process grounds and a number of state statutes.  The court found that as Dooley had a well defined property interest in his employment and no sufficient inquiry had indicated termination was actually proper, his claims could survive a motion to dismiss.

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Filed Under: Discipline, Other Procedure issues, Prediscipline procedure
July 29, 2013 by

Fourteen Day Suspension of Prison Officer for Inspection Failures Involving Dead Inmate Reduced when Similar Offense Had Received Lighter Punishment

By David Worley

policies iconIn 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…]

Filed Under: Discipline, Loudermill, Prediscipline procedure
March 1, 2013 by

Former Police Chief’s Free Speech Retaliation Claims Survive Summary Judgment When Adverse Actions Occurred Immediately after Actions That Ruffled Some Feathers.

By David E. Worley

In Carroll v. Clifford Township, 34 IER Cases 1118 (M. D. Pa. 2012), summary judgment was denied when the plaintiff, the former sheriff, had his position eliminated, his department budget reduced, and was denied entry into the Fraternal Order of Police after filing a lawsuit against the township and subsequently filing an earlier retaliation lawsuit.  

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Filed Under: Discipline, Prediscipline procedure
February 26, 2013 by

Union Fails at Arguing the CBA Contains Words That Are Not There

By David E. Worley

In City of Crystal (131 LA 268 (Neigh, 2012)), the arbitrator determined that the City and the Union were bound by the contract language and its plain interpretation in regard to the required contribution of the City to employee’s health insurance as well as contributions to the employee’s Health Savings Accounts.  The dispute arose in an unusual context in which premiums decreased after the expiration of the CBA and the City had to determine how to administer the benefit, which was reduced in its cost.

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Filed Under: Discipline, Prediscipline procedure
February 26, 2013 by

Female Firefighter’s Claims of Sex Discrimination and Retaliation Survive Summary Judgment

By David E. Worley

In Smith v. City of New Smyrna Beach (116 FEP Cases 1973 (M.D. Fla. 2012)) a female firefighter’s alleged facts on claims of sex discrimination and retaliation were sufficient to survive summary judgment when she was suspended for using profane language. Using such language was common in the workplace and no one else had received a suspension. Additionally, a hostile work environment may exist.  Taken in a light most favorable to the Plaintiff, the court concluded, the facts were sufficient so that a jury might find the Plaintiff was treated adversely because of her gender.

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Filed Under: Discipline, Prediscipline procedure
January 28, 2013 by

Officer’s Termination Vacated Despite Evidence – Chief Failed to Follow Proper Discipline Procedure

By Kate Acheson and Jim Cline

In Dill v. City of Clarksville, a Tennessee Court of Appeals vacated the termination of a police officer because that officer was deprived of due process in the termination proceedings.  Although there was sufficient evidence to support the decision to discipline the officer, the police chief failed to follow the procedure set out in the city code —  requiring all relevant investigation materials be forwarded to human resources prior to taking disciplinary.

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Filed Under: Discipline, Prediscipline procedure
January 18, 2013 by

A More than One-Year Delay Makes Discipline Untimely and Improper Regardless of Just Cause

By David Worley

In Federal Bureau of Prisons (130 LA 1745 (Szuter, 2012), a one-day suspension was overturned entirely based on the lengthy delay that elapsed between the time of the infraction and the time of the discipline. While the arbitrator concluded that just cause existed to discipline the employee for the infraction, he also concluded that the contract was violated by the 15 month delay in completing the investigation.   [Read more…]

Filed Under: Discipline, Prediscipline procedure
January 11, 2013 by

How Voluntary is a Resignation While Under Investigation? Georgia Federal Court Finds Investigator’s Threat, Pre-Written Resignation Letter Potentially Coercive

By Kate Acheson

In Rogers v. Georgia Dep’t of Corr., a federal district court in Georgia considered whether an internal investigator’s threat of termination and presentation of a pre-written resignation letter is sufficient to show that a resignation was coerced.  The court found that, although the knowledge of impending discipline alone is not enough to make a resignation involuntary, the threat and pre-written letter was enough evidence to possibly persuade a jury that the employee’s termination was not voluntary.

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Filed Under: Discipline, Other Procedure issues, Prediscipline procedure
September 21, 2012 by

Veteran Firefighter’s Termination for Marijuana Use Lacks Just Cause

By Kate Acheson

An arbitrator reduced a 24-year veteran firefighter’s termination for use, despite a previous last chance agreement arising from previous cocaine use in City of Cleveland, 130 LA 1077 (Cohen 2012).  Arbitrator Hyman Cohen cited the City’s improper application of the last chance agreement and mitigating factors concerning the recent marijuana use to justify his reinstatement order.

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Filed Under: Arbitration Rulings, Other Procedure issues
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