OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Absenteeism

30 to 90-Day Suspensions

No Discipline

Fire Department suspended eight dispatchers for failing to report to work on or before a specific date in the wake of a hurricane. Individual supervisors had told dispatchers to “report when you can,” and Department never communicated specific reporting date to individual employees.

Harris v. Department of Fire, 2008 WL 2877513 (La.App. 2008).

Criminal Conduct

Termination

Termination

Corrections officer terminated following his plea of guilty to a tax fraud charge relating to an inflated claim of exemptions. Claim of race discrimination rejected.

James. v. City of New York, 2008 WL 2885320 (S.D.N.Y. 2008).

Dishonesty

Termination

Termination

Dispatcher altered time card to reflect a higher hourly rate than employer believed appropriate. Arbitrator criticized dispatcher’s “self-help” and failure to use grievance procedure to address pay rate issue.

Hocking County, Ohio, (Lehman, 2008).