‘Witness’ Entitled To Weingarten Representative

This article appears in the November 2019 issue of our monthly newsletter Public Safety Labor News. Maylee Bardelas is a police officer with the City of Doral, Florida. Bardelas was accused by Sergeant Eric Fernandez of “intentionally driving away from an active shooter scene” and was charged by the Department with “cowardice.” Eventually, the investigation […]

In Some Parts Of The Country, Patronage Is Still Legal

Though it seems like an anomaly in many places, in some areas of the country political patronage systems still exist. In such systems, employees can be discharged because of their political affiliations or activities. While the areas of the country where patronage systems exist are few and are shrinking, they still do exist. Mallory Jones […]

No Due Process Right For Probationary Employees To Remain On Layoff List

Good news is not on the way when a court starts its opinion in your case by writing: “A chance at a job is not a right to it. When the government has broad discretion to take a benefit away from its employees, that benefit is not a constitutionally protected property interest.” The case began […]

Officer Not Allowed To Sue Black Lives Matter Protest Organizer

On July 9, 2016, a protest took place by blocking a public highway in front of the Baton Rouge Police Department headquarters in Louisiana. This demonstration was one in a string of protests across the country, often associated with Black Lives Matter, concerning police practices. The Department prepared by organizing a front line of officers […]

County Not Liable For Sergeant’s Assault On Deputy

Angela Branford was a deputy sheriff with the Washington County Sheriff’s Office in Oregon. Branford met Sergeant Jonathan Christensen when he led a training session. Sometime in 2013 or 2014, Branford and Christensen began a consensual romantic and sexual relationship. During the course of the relationship, Branford described Christensen’s behavior as growing more controlling. Branford […]

‘An Investigation Is Not An Object That Can Be Measured With A Ruler’

Officer Todd Furlong, who worked for the City of Inglewood, California, crashed his patrol car on La Brea Avenue while speeding to respond to an emergency call. The Department assigned Traffic Investigator Jeffrey LaGreek to the accident. LaGreek noted La Brea Avenue has two northbound and two southbound lanes at the location of the accident, […]

‘Witness’ Entitled To Weingarten Representative

Maylee Bardelas is a police officer with the City of Doral, Florida. Bardelas was accused by Sergeant Eric Fernandez of “intentionally driving away from an active shooter scene” and was charged by the Department with “cowardice.” Eventually, the investigation determined that “there was insufficient evidence to substantiate a finding that Bardelas was the officer observed […]

Subjective Hiring Criteria For Fire Chief Are Not Necessarily Illegal

When the City of Americus, Georgia failed to hire Roderick Jolivette as its fire chief, Jolivette sued, claiming he was discriminated against because he is African-American and in retaliation for suing his former employer for unlawful employment practices. A federal trial court found that the legitimate, nondiscriminatory reasons the City proffered for hiring Roger Bivins, […]

Deputy Doubles Down On Dishonesty, Loses Job

Deputy Mark Montez worked as a corrections officer for the Los Angeles County Sheriff’s Department. On September 27, 2010, Dequan Ballard, an inmate in the jail, stole items from a commissary cart. The theft was reported to Deputy Omar Lopez, who informed Montez. Lopez and Montez took Ballard to an elevator landing to strip search […]

Workers’ Comp Judge Should Not Have Heard Trooper’s Claim

Scott Ledford is a former lance corporal with the South Carolina Highway Patrol. Ledford was injured in two separate work-related accidents. In July 2010, Ledford sustained injuries to his spine after being tasered during a training exercise. Ledford settled the 2010 claim with the State. In March 2012, Ledford was involved in a motorcycle accident […]

Officer’s Failure To Request Arbitration Dooms Duty Of Fair Representation Claim

Joseph Juisti, who is Caucasian, was hired in or about April 2013 as a police officer for the City of Chester Police Department in Pennsylvania. Juisti worked in this position until January 2018, when he left work due to stress and anxiety stemming from perceived discrimination, retaliation, and harassment. Juisti was represented by the Fraternal […]

Denial of Outside Employment Not ‘Adverse Action’ For Discrimination Purposes

Phyllis Sloan is a firefighter for the Miami-Dade County Fire Rescue Department. Sloan contends that she is physically disabled as a result of chronic lateral epicondylitis in her right elbow, plantar fasciitis and acute bronchial spasms. Sloan filed a charge with the EEOC complaining of discrimination based on her sex and physical disabilities in 2015. […]

Termination For Theft ‘Shocks Conscience’ Of Court

The New York Police Department’s Internal Affairs Bureau conducted an integrity test whereby an undercover officer acted intoxicated while parked illegally near a fire hydrant. A video of the incident shows Officer Richard Arroyo going into the undercover officer’s vehicle, taking $55 from the center console, taking a $20 bill and putting it into his […]

Ex-Firefighter Trying To Win Back Job He Lost Cooking CBD Oil At Station

TAMPA ― Tavoris Allen said he never knew he was breaking the law when he brought a cooker full of coconut and cannabis to work with him last December at a Plant City fire station. Allen had an active medical-marijuana registry card and a written prescription for the drug from his doctor, records show. Even […]