In the case of Shadd v. Cleveland Civ. Serv. Comm., 2019-Ohio-1996, an Ohio appellate court upheld the termination of an employee where the employee violated several safety protocols and the city’s disciplinary policy allowed the city to skip disciplinary steps depending on the severity of an offense.
In this case, a construction worker was terminated for recklessly jumping on an in-motion construction truck and engaging in insubordination. The construction worker appealed the termination decision arguing – among other things – that the incident was the first disciplinary action on the construction worker’s record and termination was preemptive under the city’s progressive disciplinary policy. The city argued that immediate termination was warranted as the construction worker “disregard[ed] safety rules that would likely result in serious physical harm to someone.” Shadd at ¶ 54.
The appellate court found that, under the “progressive discipline policy, the city is permitted to ‘skip steps depending upon the circumstances of each situation and the nature of the offense’ and terminate employees ‘without prior disciplinary action.’” Shadd at ¶ 54. The appellate court further found that “disregarding safety rules that would likely result in serious physical harm to someone” may warrant immediate termination. Shadd at ¶ 54.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.