OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming On Duty

Termination

Termination

Fire captain filled empty weed killer bottle, which he knew was intended for his supervisor, with his urine; urinated into drafting pit used during training session; urinated in shower stall that was occupied by one of his colleagues; allowed female entertainers to pose topless with Fire Department employees while at a union fund raiser; allowed female firefighter to make lewd references to a zucchini; participated in activities where clothed male employees would simulate sexual intercourse with each other; and failed to attend multiple mandatory training meetings.

Harmon v. Ogden City Civil Service Commission, 2007 WL 3025202 (Utah App. 2007).

Dishonesty

Termination

Termination

Trooper falsely reported his sick leave over a two-year period of time, and tampered with the employer’s computer records and sergeants’ logs. The Court rejected the argument that termination was an excessive penalty under the circumstances.

Seifert v. California State Personnel Board, 2007 WL 2323343 (Cal.App. 2007).

Performance Of Duty

10-Day Suspension

10-Day Suspension

EMT refused to respond on foot to a call for emergency medical assistance when his ambulance could not exit the station because of a power outage. The emergency was one block away from the station.

In re Vena, 2007 WL 3119449 (N.J. Super. A.D. 2007).