OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Absenteeism

1-Day Suspension

No Discipline

Employer failed to follow own policy of allowing an employee the opportunity to explain her absence from work before disciplining her.

City of Okmulgee, Oklahoma and Fraternal Order of Police, Lodge 96, 119 LA 1227 (Robinson, 2004).

Sexual Misconduct

Termination

Termination

Sergeant had an affair with subordinate officer’s wife, who was also employed by the same department. Officer’s daughter walked in on her mother performing oral sex on sergeant.

Kohlmeier v. University of California, Riverside, 2004 WL 1283999 (Cal.App. 2004).

Supervisory Failure

Demotion

1-Day Suspension

Township demoted corporal for multiple violations of the same policy. Demotion reversed because Department did not strictly apply the policy to all officers, and did not notify the corporal after the first violation that his conduct would likely lead to demotion in the future

Township of Clay v. Montville, 2004 WL 1366063 (Mich.App. 2004).