Modified Penalty: From a 5% Reduction in Pay for 12 Months to a letter of reprimand.

In early June 2016, Goyette & Associates attorney, Dan Thompson, represented a correctional sergeant who was accused of excessive absenteeism. A penalty was proposed of a 5% reduction in pay for 12 months. The sergeant had a history of documented issues with absenteeism and was in danger of losing his post and bid.  Loss of his post and bid would have been catastrophic as he would have been without a regular position or shift for the remainder of the current bid period.  This risk was particularly devastating as his current days off were also the days on which he had custody of his autistic son.  Mr. Thompson, as the sergeant’s representative, attended a Skelly hearing and was able to successfully articulate a medical defense which resulted in a modification of the 5% reduction in pay for 12 months to only a letter of reprimand with no loss of his post and bid.