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Mass. Civil Service Has No Authority To Review Leave Forfeiture

Denise Doherty has been employed by the Massachusetts State Police Department for over 20 years. From 2007 to 2012, Doherty was assigned to the Department’s certification unit, which is responsible for providing licensing services for private security, or watch guard, companies. In October 2011, Doherty began an administrative inspection of a watch guard company referred to anonymously in later court opinions as the XYZ Watch Guard Company. Doherty reviewed…

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Indefinite Leave Of Absence Not Required Under ADA

Thomas Monroe worked as a corrections officer with the Florida Department of Corrections. Monroe was diagnosed with PTSD and requested an indefinite leave of absence. Shortly thereafter, the Department terminated his employment. Monroe sued, claiming he was the victim of disability discrimination. The federal 11th Circuit Court of Appeals disagreed and dismissed Monroe’s lawsuit. The Court began by reciting the standard rubric for analysis of ADA claims. As the…

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Disabled Massachusetts Officer-Turned-Legislator Must Pay For Retraining Before Reinstatement

Jose Santiago was first appointed to the Methuen, Massachusetts Police Department in 1982 and later was promoted to sergeant, where he worked until 1997, when he was injured. He was elected to the office of State Representative in 1998, reelected in 2000, and received a leave of absence from his position as a Methuen police sergeant. In January 2003, after having failed to be again reelected as State Representative,…

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Suspended Corrections Officers Not Entitled To Accrue Leave Beyond Contract’s Limits

The Michigan Department of Corrections suspended two corrections officers with pay pending investigation into whether they had had sexual contact with inmates. While the officers were on suspension, they continued to accrue annual leave under the terms of the contract. The suspensions lasted long enough that the officers’ accrual of annual leave would have placed them above the “caps” for annual leave contained in the contract. When the Department…

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