OFFENSE |
EMPLOYER’S PENALTY |
RESULT ON APPEAL |
DESCRIPTION |
CASE NAME |
Absenteeism |
6-Day Suspension |
6-Day Suspension |
Sergeant absent without leave for four-hour period of time. Defense of disparate treatment rejected when prior disciplinary records of “comparator” employees not submitted into record. |
In re Michelson, 2009 WL 2223855 (N.J. Super. A.D. 2009). |
Dishonesty |
Termination |
Reinstatement With Back Pay |
Trooper discharged for allegedly failing to report cheating on blood alcohol test to superior officer. Trooper testified that he had reported the cheating to a supervisor, and employer failed to call the supervisor as a witness to rebut the trooper’s testimony. |
State of Ohio, 126 LA 702 (Feldman, 2009). |
Neglect Of Duty |
1-Day Suspension |
No Discipline |
Officer failed to timely complete report and citations. In spite of contract clause to the contrary, employer did not provide to all employees a copy of manual containing disciplinary rules. |
City of Mount Vernon, 126 LA 1159 (Feldman, 2009). |