OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Absenteeism

Termination

Termination

Corrections officer walked off job during discussion with management and union about her use of sick leave. Defense of “constructive discharge” rejected where there was no reasonable basis to conclude that she was being fired or discharge was imminent.

Auglaize County Sheriff, 121 LA 311 (Goldberg, 2005).

Conduct Unbecoming On Duty

Termination

Reinstatement With Back Pay

In an incident that started out as horseplay, officer drew his firearm and pointed it at other officer who had just drawn his firearm and pointed it at the officer. The City failed to introduce charging letter at hearing, leading to conclusion that burden of proof was not met.

City of Pasadena, LAIG 6242 (Campos, 2005).

Dishonesty

Termination

Reinstatement With Back Pay And Interest

Firefighter terminated for cashing lottery tickets stolen from a store that was the scene of a fire. Employer relied on videotape that did not conclusively show that the firefighter took the tickets.

City of Detroit, LAIG 6246 (Daniel, 2005).

Sick Leave Abuse

Termination

Termination

For nine years in a row, dispatcher not only used entire 18-day of accrual of sick leave, but was forced to go on unpaid leave for other absences. Employer was required to fill in for dispatcher with other employees on overtime basis.

Town of Johnston, LAIG 6240 (O’Brien, 2005).