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Sheriff Deputy Forced Resignation Help North Carolina

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  • Sheriff Deputy Forced Resignation Help North Carolina

    My husband was a Sheriff's Deputy and I'm asking this question fo him: He was asked to resign or be terminated because he kept some brass knuckles off of a person he was searching on accident. The guy's mom called and complained and demanded my husband's job. His Lt., fellow officers, Majors, etc. didn't see this coming at all because it is such a minor offense. He's never been late, in trouble....nothing. They have actually told him to go to the newspaper and tell them what's going on especially because of the other types of "discipline" being handed to other officers for MUCH more serious offenses. He has not been disciplined the same as other officers within the office who have simply been reprimanded, demoted, moved to a lower position, etc. Some of these officers have lied about their hours, been accused of sexual harassment, gotten DUIs, investigated because of tasering people too much, etc. And they are not fired.

    He was told he could object in writing with their findings. He did. He was also told he would be informed of the Sheriff's final decision in writing which never happened. He had to call the office and inquire....he was told over the phone that "everything stands as-is". He filed for unemployment and was denied. He appealed. They haven't scheduled a hearing, but we received the information concerning the appeals process in the mail. We also received a lot of lawyer mailings.

    Any advice on this situation? Do we need a lawyer? Do we have a case? We are in NC and it seems to me from what I've read that Deputies do not have as much protection as other law enforcement officers because of the political aspect of the Sheriff's Office.

    Thanks in advance for any help.

  • #2
    Unless he is covered by a union contract, I'm not seeing much hope. He kept the property of an arrestee, it sounds like. He should have put it in the property bag of the arrestee or, if evidence, checked it in as such.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I don't see a case against the employer.

      He should appeal the UI decision which it seems he is - it never hurts to appeal. The
      "state" will make the decision if he receives UI or not but he shouldn't get his hopes up.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        So, even though he had never been in trouble, he doesn't have a case to get unemployment? What about how they have handled other, more serious, cases in a different way? There have never been any progressive means of discipline with him. Even the Major that interviewed him agreed with my husband that things like this happen all the time, but they've never been complained on. Is there such a thing a political discrimination?

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        • #5
          We don't know. Absolutely he should file. Until he does, and until he finds out whether the employer is going to protest or not, he won't know what their reasoning was.

          Is there? Yes. Is it illegal? Not to my knowledge.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            UI doesnt look at other cases since they dont have the facts of that matter.
            He should appeal but it is the Sheriff's decision. The person's family can demand anything they want (including that he be fired). However, they cant force anything.

            Frankly,it is a policy violation and I dont hold out much hope but appeal and tell the truth. Thats the best thing to do.
            I find that the harder I work, the more luck I seem to have.
            Thomas Jefferson

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            • #7
              In October, a new law/policy went into effect that allows law enforcement officer complaints to be followed up on by giving open access to the findings of the complaint. Considering this, could we use some cases as precedent?

              What I'm gathering is the entire process is a cut and dry process....very objective. So, it doesn't matter the circumstances surrounding my husband's situation (fellow officer and Lieutenant testimony to his reputation, past work performance, and opinion of the situation; other, seemingly discriminatory, outcomes of recent complaints from citizens for far worse acts; statements from fellow officers that he should change his political affiliation if he wants to make it at this sheriff's office, etc.)

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