OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Criminal Conduct

Termination

60-Day Suspension

Corrections officer used Department intercom system to eavesdrop on conversation between her sergeant and lieutenant. Criminal nature of employee’s conduct mitigated by employee’s good work record.

Lawson v. Shelby County Sheriff’s Office, 2007 WL 29455 (Ala. Civ. App. 2007).

Insubordination

Termination

Termination

Deputy refused end-of-shift assignment to handle traffic accident. Arbitrator disbelieved deputy’s proffered reason – a headache – where deputy never raised the headache defense before, and at the time responded to the request that he work with threats and swearing.

Jefferson County Sheriff, 122 LA 1101 (Pelt, 2006).

Performance Of Duty

Written Reprimand

No Discipline

Officer issued reprimand for failing to submit a report concerning the issuance of speeding ticket in the parking lot of a bar and his status as a witness to the bar owner’s delivery of a no trespass order to the driver. Fact that employer issued order reminding employees to write reports under such circumstances after discipline had been imposed implied that inadequate notice of rules was given by the employer.

Town of Tyngsborough, LAIG 6391 (Brown, 2006)

Sick Leave

Termination

Termination

After being suspended for missing court 21 times in two years, officer used sick leave on the same day he participated in physical agility testing in the hiring process for another agency.

Dobson v. City of Gallatin, 2006 WL 3805659 (M.D.Tenn. 2006).

Supervisory Failure

3-Day Suspension

3-Day Suspension

Sergeant failed to handcuff a prisoner in his custody; prisoner subsequently stole an ambulance and was shot by the police. The Arbitrator concluded that based on the prisoner’s resistance to arrest and her vow that she would not go to jail, the sergeant should have ensured that the prisoner was handcuffed prior to placement in an ambulance, which she apparently used to manage her escape.

City of Baytown, Texas, LAIG 6400 (Bennett, 2006).

Theft

Termination

37-Month Suspension

Firefighter took lieutenant’s credit card out of a knapsack and attempted to make cash withdrawals without the lieutenant’s PIN. Arbitrator concluded incident was bad practical joke aimed at lieutenant’s reputation for frugality and reinstated firefighter without back pay.

City of Philadelphia, 122 LA 277 (Lang, 2006).