AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Reinstatement and Alternative Remedies
Rejecting
a claim for reinstatement, an intermediate California appeals court held
that an officer was properly terminated for unofficer-like conduct including
allegations of check fraud and lack of cooperation with a search of her
home regardless of its legality. The exclusionary rule does not apply in
California police disciplinary proceedings. The termination was not excessive
or an abuse of discretion. Richardson v. City & County of San Francisco,
#A133300, 214 Cal. App. 4th 671; 2013 Cal. App. Lexis 206
A federal agency
is not required to reinstate a worker at the pay level to which he believes
he would have been promoted, but for an overturned termination decision.
Fernand v. Dept. of the Treasury, #AT-0432-03-0753-I-1, 100 M.S.P.R. 259,
2005 MSPB Lexis 5104 (2005). {N/R}
Federal court in D.C. holds that a public
employee that was terminated in violation of the ADA is entitled to be
reinstated to a "comparable position" if her old job was abolished.
Glymph v. Dist. of Columbia, #01-1333, 374 F.Supp.2d 219, 2005 U.S. Dist.
Lexis 12415, 16 AD Cases (BNA) 1663 (D.D.C. 2005). {N/R}
Appellate court requires civil service
board to reinstate an officer who had recovered from a disabling illness.
Jordan v. City of Baton Rouge, 652 So.2d 701 (La.App. 1995). [1996 FP 43]
Appellate court upholds an arbitration award
that ordered reinstatement of a bus driver who ingested cocaine. Employer
failed to prove she was under the influence when on duty. Doe v. Central
Ark. Tr. Auth., 900 S.W.2d 582 (Ark.App. en banc 1995). [1996 FP 27]
Lieutenant who elected to take his retirement
after the chief terminated him for misconduct is not entitled to reinstatement
if the termination is set aside, unless the city induced him to retire.
Williams v. City of Los Angeles, 281 Cal.Rptr. 21 (App. 1991).
Where reinstatement would cause friction,
court can award "front pay" for reduced earnings at subsequent
employment position. Haskins v. City of Boaz, 822 F.2d 1014 (11th Cir.
1987).