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Tag Archives: personal misconduct

Labor & Employment – Public Employees – Termination – Personal Misconduct – Arbitrary Decision – Bipolar Disorder – New Medication (access required)

Bulloch v. North Carolina Department of Crime Control & Public Safety Although petitioner’s voluntary consumption of alcohol contributed to his inappropriate off-duty behavior, a psychiatrist testified that petitioner’s behavior was caused by a combination of alcohol, his first dose of lithium, hypomania, and his being “relatively unmedicated for his bipolar disorder.”

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Labor & Employment – Public Employees – Insufficient Findings — Personal Misconduct – Just Cause – Discipline – First Impression (access required)

Warren v. North Carolina Department of Crime Control & Public Safety The superior court purported to base its decision on the facts as found by the administrative law judge. However, the ALJ found that the Highway Patrol had failed to establish that petitioner drove a Patrol vehicle with any alcohol in his system, while the superior court found that petitioner consumed some amount of alcohol prior to driving.

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Labor & Employment – Public Employees – Termination – Personal Misconduct – Report of Co-Worker Misconduct (access required)

Simmons v. North Carolina Department of Correction Where (1) an anonymous caller had reported that Correctional Officer Willie Chavis was supplying cell phones to inmates; (2) three weeks later, while they were off-duty on the evening of July 20, 2010, Chavis admitted to petitioner that he had supplied cell phones to inmates; and (3) petitioner reported Chavis’ admission when she returned to work the next evening, petitioner did not engage in personal misconduct sufficient to warrant her termination.

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Labor & Employment – Public Employees – Termination – Personal Misconduct – Mishandled Investigation – Disproportionate Discipline (access required)

Benson v. Hughes After petitioner told the truth about the actions of three of her co-workers, she was subjected to an improperly conducted investigation based on statements by inmates. Petitioner’s only proven misconduct – one instance of using a curse-word where inmates could hear her and one instance of using a curse-word in a meeting with her superior – were insufficient to warrant her termination, especially in light of the much more lenient treatment of other correctional officers’ infractions.

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Labor & Employment – Public Employees – Termination – Personal Misconduct – Impersonating a Law Enforcement Officer – Spoofed Cell Phone Call (access required)

Coates v. North Carolina Department of Crime Control & Public Safety Further investigation would have shown the respondent-employer that the petitioner-employee could not have made the telephone call in which someone impersonated a Tennessee SBI agent; moreover, an expert showed that someone "spoofed" a call from petitioner's cell phone. Respondent failed to show that petitioner engaged in personal misconduct. It is recommended that petitioner be reinstated with back pay and attorney's fees.

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