Insurance Dispute Lawyer Blog
Leotis Johnson, an employee of the Sewerage and Water Board of New Orleans (S&WB), was assigned a company vehicle equipped with a GPS. S&WB policy prohibited personal use of company vehicles without supervisor authorization. Johnson was accused of using the vehicle for personal errands during work hours and lying about his whereabouts when questioned.
The Sewerage and Water Board of New Orleans dismissed Johnson due to unauthorized use of a company vehicle and non-compliance with established policies and procedures. Johnson challenged this decision and the Civil Service Commission’s supporting findings.
The Court of Appeal Fourth Circuit upheld Johnson’s termination, stating that his actions constituted “cause” for termination as they were detrimental to the efficient operation of the S&WB. The court found that Johnson’s unauthorized use of the company vehicle for personal purposes during work hours was a clear violation of company policy. Additionally, his dishonesty in initially denying the allegations and providing false explanations further supported the termination.
Key Takeaways
-
Importance of Company Policies: Employers have the right to establish policies and procedures for using company property, including vehicles. Employees must adhere to these policies to avoid disciplinary action, including termination.
-
Honesty is Crucial: When confronted with misconduct allegations, employees must be truthful. Dishonesty can be grounds for termination, especially when it obstructs an investigation or demonstrates a lack of trustworthiness.
-
Burden of Proof: In cases of employee termination, the employer has the burden of proof to demonstrate that the employee’s actions were detrimental to the organization and justified the disciplinary action taken.
-
Employee Rights: While employers have the right to discipline employees for cause, employees also have the right to appeal their termination through the Civil Service Commission. However, the Commission’s decision is given great deference and will only be overturned if it is arbitrary or capricious.
This case reminds employees of the importance of adhering to company policies and being honest in the workplace. For employers, it highlights the need for clear policies and procedures and the importance of conducting thorough investigations when allegations of misconduct arise.
Navigating the complexities of employment law and challenging a termination can be daunting. If you are in a similar situation where you believe your termination was unjust or the Civil Service Commission’s findings were erroneous, seeking legal advice is crucial. A knowledgeable employment lawyer can help you understand your rights, assess the strength of your case, and guide you through the appeals process. Don’t hesitate to contact a reputable law firm specializing in employment law to ensure your rights are protected and you receive the justice you deserve. Understanding your rights and taking timely action is essential to navigating employment disputes.
Additional Sources: LEOTIS JOHNSON VERSUS SEWERAGE & WATER BOARD
Written by Berniard Law Firm
Additional Berniard Law Firm Articles on Employment Issues: When one employee attacks a supervisor, can a supervisor proceed with a lawsuit against the employer? and When Can an Employer be Held Responsible for Employee’s Wrongdoing?