By Anthony Rice
In Washington v. Burley, a School District Police Chief’s due process claim survived summary judgment because there was a genuine issue of material fact concerning whether the employer gave him “an opportunity to present his side of the story.” The court held that a reasonable jury could conclude that the employer never allowed the chief to submit a written response or otherwise present his response before being terminated. [Read more…]
By Anthony Rice
In Smith v. County of Suffolk, the plaintiff Raymond Smith, a Suffolk County Police Lieutenant, failed to show a connection between his protected free speech and the adverse employment action. The court held that Smith’s First Amendment Retaliation claim failed because a jury could conclude Smith’s discipline was linked to repeated misuse of the employer’s computers and not his protected free speech. [Read more…]
By Anthony Rice
In Kristofek v. Village of Orland Hills, the court reversed a judgment dismissing an officer’s Free Speech Claim. The lower court held that the officer’s Free Speech Claim failed because it was based on a self-interest motive—protection from civil and criminal liability—and not on a matter of “public concern.” However, the appeals court reserved, holding that the officer’s motive, by itself, does not conclusively determine whether a public employee’s speech involves a matter of public concern and is thus protected.
By Anthony Rice
In Kuhn, the plaintiff Eric Kuhn, a Deputy Sheriff, sued his employer, the county, alleging denial of procedural due process when he was terminated following a false rape allegations. The Sixth Circuit affirmed the judgment of the lower court dismissing Kuhn’s claim. The court found no due process violation occurred because Kuhn had proper notice and opportunity to be heard. Kuhn was given written notice of his impending termination, Kuhn was given a sufficient explanation that he would be terminated, Kuhn had several days in which to respond, and a post-termination hearing process was available to Kuhn. [Read more…]
By Anthony Rice
In Frey, a NYPD sergeant sued the city claiming the NYPD’s policy of mandating inpatient treatment for alcohol abuse on pain of termination constituted false imprisonment. The court held that there was no false imprisonment because threat of termination for not attending alcohol abuse treatment was a peaceful consequence for noncompliance. [Read more…]
By Anthony Rice
In De Le Garza, a First Amendment retaliation claim survived summary judgment when there was independent testimony that the Sheriff did not hire the plaintiff, the only candidate for School Resource Officer, because of the plaintiff’s political stance. [Read more…]
By David Worley
In Federal Bureau of Prisons, 131 LA 536 (Betts, 2012), the arbitrator held the 14 day suspension of a corrections officer was too severe when one of the three alleged instances of misconduct was unsupported, and a fellow officer disciplined for the other two instances of misconduct only received a three day suspension. Finding that just cause requires similar misconduct to require similar discipline, the arbitrator found the penalty had to be reduced and required the officer be compensated for the days of unjust suspension. [Read more…]
By David Worley
In Department of Justice, 131 LA 550 (Moreland 2013), the arbitrator held that the denial of a promotion to a federal corrections officer was improper when the only reason for the denial was the existence of an excessively long ongoing investigation that implicated the grievant by mistake. Because the only clear reason for the denial of promotion was the improper investigation, and the employer did not enjoy unfettered discretion in determining promotions as dictated by statute, the CBA, and relevant regulations, the denial was improper and the grievance was sustained. The arbitrator also determined it was within arbitral authority to compel a promotion. [Read more…]
By David Worley
In a brief and straightforward decision in City of Benicia, 131 LA 1099 (Gentile, 2013), the arbitrator denied a higher rate of “educational incentive” pay to a California police officer when that rate awarded to police officers who were employed prior to a certain date, and the grievant was employed by the city prior to that date, but not as a police officer. [Read more…]
By David Worley
In Bowman v. St. Luke’s Quakertown Hospital, 27 AD Cases 786 (E.D. Pa. 2012), the District Court dismissed an EMT’s failure to accommodate claims under the ADA, but denied the motion to dismiss his FMLA claims when he had been fired for taking too much time off, following a transient ischemic attack which made him unable to work as an EMT. To survive the motion to dismiss, the plaintiff only needed to allege sufficient facts, when viewed in a light most favorable to the plaintiff, to indicate he had been deprived of his FMLA rights. His complaint met this low standard. [Read more…]
