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NCJ Number: 119590 Add to Shopping cart Find in a Library
Title: Minimizing Damages in Cases of Wrongful Discharge
Journal: Police Chief  Volume:56  Issue:9  Dated:(September 1989)  Pages:31-32
Author(s): W W Schmidt
Date Published: 1989
Page Count: 2
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Type: Issue Overview
Language: English
Country: United States of America
Annotation: Police agencies that fire employees should recognize the possibility that a court will award damages for wrongful termination and should take several specific steps to reduce the chance of a damage award.
Abstract: First, the employee should not be suspended without a consultation with and review by an attorney familiar with employment law, regardless of the seriousness of the alleged misconduct. In addition, the agency should also offer the employee an opportunity for a mini-hearing before making final any decision to suspend prior to the more formal hearing associated with civil service trials or arbitration reviews. Moreover, an attorney should draw up all formal charges. Furthermore, a full evidentiary hearing should always be offered before making final any decision to terminate the employee. The employee should also be allowed to inspect the complaint file. Police agencies should also be aware that provisions of a collectively bargained agreement might apply. Finally, an employee should always have the opportunity to employ counsel or other labor representatives before and during interrogation in a disciplinary setting or at any other meaningful stage of the disciplinary proceedings. Some of these factors are not legal rights in every case or in every jurisdiction. However, courts are constantly expanding employee rights, and these decisions are usually retroactive. 10 footnotes.
Main Term(s): Employee dismissal
Index Term(s): Lawsuits; Police personnel
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