Pyle Rome successfully overturns termination of DOC employee for allegedly driving under the influence

On January 12, 2012, Attorney Alfred Gordon obtained an arbitration decision overturning the termination of an employee of the state Department of Corrections (DOC) on behalf of SEIU, Local 509. The grievant, a 16-year employee, was terminated for, among other things, allegedly driving while intoxicated. Attorney Gordon successfully challenged the sufficiency of the DOC’s evidence and the Arbitrator overturned the termination, finding that the DOC relied primarily on hearsay evidence in its decision to terminate the grievant. Because the DOC was unable to show that the grievant was in fact operating under the influence of alcohol, the Arbitrator determined that the grievant was terminated without just cause and ordered the grievant reinstated.