Labor & Employment Law

Involuntary transfer

By Harvey Randall, Esq.

Involuntary transfer
Jones v Fitzgerald, CA8, Index 01-1976

After resigning from her clerical support position with the Story County Sheriff's Office, Vicki L. Jones sued the county, the county sheriff, Paul Fitzgerald and the former chief deputy sheriff, E.A. Westfall for adverse employment action and constructive discharge in violation of the First Amendment.

Following a jury verdict for Jones, the District Court denied Fitzgerald's motion for judgment as a matter of law or, in the alternative, motion for new trial. The Circuit Court reversed the lower court's ruling.

According to the decision, Jones' complaint was based on her involuntary transfer to another position, the placement of "negative memoranda" in her personnel file, and two internal investigations concerning her conduct. The Circuit Court said that these allega­tions did not support a claim of adverse employment action and, therefore, Fitzgerald was entitled to judgment as a matter of law on Jones' First Amendment, retaliation and con­structive discharge claims.

Full post as published by New York Public Personnel Law on March 11, 2008 (boomark / email).