Attorney Leah Barrault Wins $60K in Lost Wages For Officer Inappropriately Suspended, Removed From Duty

For labor unions, a worker found to have been wrongfully disciplined or placed on administrative leave, is entitled to recoup lost wages and benefits. The worker is entitled to be "made whole," which means to be treated as if they never suffered the employer's bad actions. Anything less than make whole relief allows the employer to benefit from, if not profit, from violations of the collective bargaining agreement. A remedy less than make whole also means that the worker continues to suffer financially through no fault of their own.

Here, a neutral arbitrator agreed that the City of Boston Police Department lacked just cause when it placed a ranking officer on administrative leave for one year and then suspended the ranking officer for six months. During the 18-month period, this individual was deprived of the opportunity to work overtime and outside assignments known as details. The arbitrator agreed with Attorney Leah Barrault and Boston Police Superior Officers Federation that the officer was entitled to all lost wages and benefits.

The City of Boston and the Federation disputed how much the wrongly suspended officer lost in outside work opportunities. The City offered only $20,000. The Arbitrator awarded more than three times that amount, citing alternative calculation offered by the Federation.