HR Management & Compliance

Even When Relieved of Duty, You Can Still Be Terminated

By Beth A. Kahn and James H. Demerjian

A former Los Angeles County Sheriff’s Department deputy tried to take a “can’t touch this” position when he challenged his employer’s decision to terminate him for drunk driving and driving with a suspended license while he was on unpaid relieved-of-duty status. It didn’t work out for him with the California Court of Appeal

Thomas Negron was an 8-year veteran of the Los Angeles County Sheriff’s Department. During his employment, he became involved in a contentious divorce and missed work because of stress, anxiety attacks, and other symptoms stemming from the divorce. In November 2010, the sheriff’s department determined that his issues were not work-related, and he was relieved of duty.

After he was relieved of duty, Negron no longer received a salary, nor was he required to report to work. His benefits also stopped. However, according to department and county rules, he was still a classified employee of Los Angeles County. Unfortunately, things continued to go downhill for him.

On January 26, 2011, Negron was pulled over by a California Highway Patrol (CHP) officer who observed him speeding and driving erratically. His vehicle registration had expired in 2009, and he had no identification, but his sheriff’s deputy uniform was plainly visible in the backseat of his car. After he was pulled over, he became uncooperative, began yelling and cursing, and refused to provide his agency’s telephone number.

This wasn’t Negron’s only mistake, and eventually his behavior resulted in his termination, despite the fact that he was on relieved-of-duty status at the time of his infractions. Read on at the link below for more details of the case, including why a court of appeals upheld the termination.

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