Goyette and Associates Attorneys at Law. Serving California, Sacramento, Redding and Modesto. Specializing in Wage and Hour Law, Overtime law, Employment Litigation, Public Sector Labor Law, Personal Injury Litigation and Commercial Litigation.

Client Outcomes

February 2006
ALJ Finds Termination of Mid-Level Manager Unjustified

It all began a year ago, when Yolo County Business Services Officer, Deborah Brown, applied for County Disability Insurance ("CDI"). The County alleged that Ms. Brown fraudulently applied for such benefits by falsely stating in her application that her claimed disability was not work related. Based on this allegation, the County terminated Ms. Brown.

At hearing, Ms. Brown offered evidence of an impeccable 25-year career with Yolo County, which began in 1977 in an entry level position. Despite a lifetime of commitment and dedication, the County maintained that Ms. Brown fraudulently applied for disability benefits. However, the County failed to note the glaring inconsistencies between what was asked in the application and its own standards for determining disability. At hearing, the County's evidence demonstrated that not only were the standards to determine eligibility inconsistent with the application, but even the Yolo County employees charged with determining eligibility were confused as to who is eligible for CDI benefits, including Ms. Brown. Finally, the evidence showed that Brown had, in good faith, complied with the application by getting her doctor's opinion on whether her disability was caused by work and he had advised her it was not.

These facts were noted by the Administrative Law Judge (ALJ) who found Ms. Brown had applied truthfully, honestly, and was legitimately entitled to the CDI benefits. As such, the ALJ found the termination was not justified and ordered reinstatement with full back pay and benefits.

While this was a great victory for Ms. Brown, it was bittersweet because the decision offered by the ALJ is not binding. Many counties, Yolo County included, have a two-staged appeal process. In this case, the County appealed the ALJ's decision to the Board of Supervisors. We will continue to defend the ALJ's decision at an upcoming Board of Supervisors hearing.

Stephen V. Palazzo, Esq.
Goyette & Associates, Inc.