OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Absenteeism

10- and 20-Day Suspensions

10- and 20-Day Suspensions

A corrections officer who had exhausted all sick leave had unauthorized absences from work on four occasions. Following progressive discipline, the employer issued a reprimand, a five-day suspension, a ten-day suspension, and a 20-day suspension for the absences.

In re Bahn, 2008 WL 1944978 (N.J. Super. 2008).

Dishonesty

Termination

Reinstatement With Back Pay

27-year police officer terminated when Probate Court concluded he committed perjury about whether he witnessed the signing of an agreement to transfer property to himself. Appeals Court found more credible the testimony of document examiners that there was no method of determining whether agreement was forged, and concluded employer had not met its burden of proof.

Castagna v. City of Seal Beach, 2008 WL 2445546 (Cal.App. 2008).

Substance Abuse

14-Day Suspension Plus Random Drug Testing

No Discipline And No Random Drug Testing

Corrections officer refused to submit to drug test after returning from FMLA leave. Employer’s drug test was outside of the “window period” allowed by the contract for drug testing after the conclusion of FMLA leave. As such, employee not insubordinate because drug testing was not lawful.

Norfolk County Sheriff’s Department, LAIG 6606 (Altman, 2008).