OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Dishonesty

Termination

Termination

Youth correctional counselor failed to document misconduct on the part of inmates, left inmates unsupervised, retaliated against an inmate, and made false statements to an investigating officer.

Franklin v. California State Personnel Board, 2003 WL 22457060 (Cal.App. 2003).

Job Performance

10-Day Suspension

No Discipline

Employee suspended for five separate instances of misconduct, including showing up late for work, receiving personal phone calls, failing to do a security check, and routinely going to the front office to fill her water bottle and say hello to the staff after arriving at work. Arbitrator concluded investigation not fair since complainant was not contacted, that the employee was not given adequate notice that her conduct would lead to discipline, and that other employees had engaged in similar conduct without being disciplined.

Lewis County, Washington, 03-2 ARB ¶3491 (CCH)(Abels, 2003).

Substance Abuse

Termination

Termination

Firefighter tested positive for cocaine in random drug test. Court rejected argument that laboratory breached chain of custody of urine sample.

Woods v. Metropolitan Government of Nashville and Davidson County, 2003 WL 22938947 (Tenn.App. 2003).