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Duggan Successfully Reverses Judge’s Employment Termination Decision

Brinson Askew Berry partner Stewart Duggan was retained by a Polk County government employee in connection with the employee having been summarily terminated, without notice, by Polk County Juvenile Court Judge Laura Wheale.

An evidentiary-appeal hearing was heard before the Polk County Personnel Committee on August 21, where the employee introduced evidence that the Judge’s termination decision lacked any legitimate foundation in fact or law and that the Judge’s decision failed to comply and conform with existing Polk County employment disciplinary policies.

On August 28, the Polk County Personnel Committee reached a unanimous decision that the Judge’s termination was not proper – thus reversing the employee’s termination as a Polk County employee. Polk County’s decision also offered the employee reinstatement to a position of employment, with full back pay, and the decision also revised or corrected the employee’s personnel file to reflect that was the employee was not terminated.