Database Search Result Details
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First Name
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Melissa
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Last Name
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Nicely
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Decision Date
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7/25/2022
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Docket Number
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2022-0362-DOC
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ALJ
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LRB
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Respondent
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Division of Forestry
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Employment Type
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STATE
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Job Title
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Office Assistant III
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent established by a preponderance of the evidence proper justification for the termination of Grievant’s employment.
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Outcome
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Denied
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Statutes
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143 C.S.R. 1 § 14.8.c
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Related Cases
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Adkins v. Division of Labor, Docket No. 04-DOL-071 (Jan. 25, 2005); Wheeler v. Div. of Corrections, Docket No. 2015-0322-MAPS (July 10, 2015)
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Keywords
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Termination; Leave; Return to Work; Permanent Disability; Federal Family and Medical Leave Act; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant was an Office Assistant III. Her last day at work was June 15, 2021, when she left in an ambulance following a medical event at work. Grievant was thereafter on leave. On September 20, 2021, Respondent received a medical submission from Grievant, which advised that Grievant was unable to return to work due to a permanent disability. After Grievant had used and exhausted all leave entitlement under the Family and Medical Leave Act and had no further accrued sick or annual leave, Respondent terminated Grievant’s employment. Grievant is admittedly not capable of returning to work, does not want to return to work, and is currently seeking long-term disability. Respondent establishes by a preponderance of the evidence proper justification for the termination of Grievant’s employment. Accordingly, the grievance is denied.
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