Public Employee Discharge and Discipline

Public Employee Discharge and Discipline

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Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Aspen Publishers' Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Third Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Discussion of Humphries v. CBOCS West, Inc., which upheld a 1981 qretaliation claimq' under 1991 Civil Rights Act; and Gomez-Perez v. Potter, finding no sovereign immunity for the Postal Service under the Postal Reorganization Act, but immunized an ADEA retaliation claim Commentary on Engquist v. Oregon Department of Agriculture, which found an Olech qclass of oneq claim to be inapplicable to public employment decisions Analysis of the public employment implications of Philip Morris USA v. Williams, a non-public employment case refusing to permit punitive damages for harm to others, although evidence of same was relevant to reprehensibility Coverage of Alexander v. City of Milwaukee, a case that upheld punitive damages for an Equal Protection violation Discussion of State Employees Bargaining Agent Coalition v. Rowland, which, among other things, held that absolute legislative immunity barred damages and injunctive relief against state officials in their official capacity for massive discharges of state employees for political and union affiliations Analysis of the continuing fall-out of Garcetti v. Ceballos' distinction between speech as a citizen (entitled to First Amendment protection) and speech as part of official duties (unprotected) Discussion of the continuing circuit split concerning an employee's ability to demonstrate qpretextq in Title VII discrimination and retaliation cases Discussion of cases such as Huff v. Sheahan, addressing the continuing definitional problems of sexual harassment Coverage of the sweeping changes in federal labor relations law as applied to qsensitiveq agencies, and the latest tort and contract decisions on the law of wrongful dischargeFailure to preserve a portion of the second test specimen for independent testing nullified the discharge. 3. ... 1982) (agency that had permitted laboratory to dispose of samples violated due process; aquot;samples can be preserved safely for years ... Department of Police, 647 So. ... Alabama Depa#39;t of Corrections, 640 So. ... NY. Civ. Serv. Law As 75 procedures insufficient, since a urine test allegedly showed that he had mixed a 948 As 13.09[C] PUBLIC EMPLOYEE DISCHARGE aamp; DISCIPLINE.

Title:Public Employee Discharge and Discipline
Author:Isidore Silver
Publisher:Aspen Publishers Online - 2001-08-01


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