A Fire District hired an outside investigator to review allegations about its Firefighter’s off-duty conduct. The investigator found that the Firefighter had ingested cocaine for many days, which caused him to hallucinate. During his impaired state, the Firefighter: believed that he was being followed by members of a SWAT team; ran across an interstate; tried to break into vehicles; grabbed a 10-year-old boy; and dragged the boy into a truck that did not belong to him. The Firefighter was eventually arrested for kidnapping and being under the influence of a controlled substance. The Firefighter was jailed and did not come to work, nor call to report his absence as required by District policy.
During the investigation, the Firefighter admitted to using cocaine for a period of time before the hallucinations. The investigation also revealed that the Firefighter claimed a permanent residence in a location over 250 miles away from the District in violation of District policy. Several months after these incidents occurred, the District terminated the Firefighter’s employment.
Partner Morin Jacob persuasively represented the District at a binding arbitration. The District argued that it had just cause to terminate the Firefighter for his egregious off-duty misconduct and violation of certain District policies. The District also argued that the penalty of termination was reasonable and was based on the Firefighter’s admissions. Associate Attorney Allen thoroughly prepared the case for arbitration. Associate Attorney Abramovitz drafted a compelling closing brief.
The Firefighter argued that the District failed to demonstrate how his conduct impacted his work performance or disrupted the workplace. The Firefighter also argued that the District relied on his arrest record to support the termination, in violation of Labor Code section 432.7.
The arbitrator disagreed that the District had improperly used an arrest record. She found that the District did not terminate the Firefighter because he was arrested, but rather because of his behavior and his inappropriate interactions with the child. The arbitrator found that the Firefighter admitted most of his misconduct to the investigator.
The arbitrator also found that the District had just cause for terminating the Firefighter for District policy violations. First, District employees are required to contact their supervisor if they will be late for their shift, and if they are unable to perform their regular duties. The arbitrator found that the Firefighter’s failure to notify a supervisor when he was unable to report for work after his release from jail violated these policies. Second, the Firefighter violated the District’s residency policy by residing in a home 250 miles away from District HQ and not reporting it to the District. The arbitrator called the Firefighter’s credibility into question for misrepresenting that he lived within 250 miles of the District.
The arbitrator upheld the decision to terminate, finding that the Fire Chief did not abuse his discretion. The arbitrator found that the Firefighter’s conduct was so egregious, it violated not only the public’s trust, but the trust of all District employees.