OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Absenteeism

Termination

Termination

EMT abandoned his post without authorization and consumed alcohol while on duty.

Guerrero v. Scoppetta, 2008 WL 2815046 (N.Y.A.D. 2008).

Performance Of Duty

60-Day Suspension

No Discipline

Corrections officer allegedly lost his temper and struck a security camera. Discipline was impermissibly based on prior discipline for lack of control of temper. Prior discipline was more than two years old, was followed by training and counseling, and there was no direct evidence that the officer struck the camera out of anger.

Clermont County Sheriff, 125 LA 592 (Bordone, 2008).

Untruthfulness

Termination

Reinstatement Without Back Pay

Trooper lied to officer investigating traffic stop, contending that he had checked his audio-visual equipment as required by employer’s rules. Trooper subsequently voluntarily admitted he had lied, had nine years of good performance, and was undergoing significant stress in his home life at the time of the incident.

State of Ohio, 125 LA 428 (Feldman, 2008).