In the absence of evidence to split police academy costs between basic training for state certification and employer-mandated training, a city could not legally enforce a contract requiring recruits to reimburse the city for a portion of their training if they leave within five years and work for another law enforcement agency within a year of leaving. Regarding thanksgiving cases, #E058460, 239 Cal. App. 4th 1498, 2015 Cal. App. Lexis 770. An employee of a county sheriff worked as a civilian assistant trial server, but was licensed to carry a weapon and had powers of arrest. He was asked to take Taser training and receive a single exposure of one to five seconds to the Taser shock as part of this training. He tried to avoid this part of the training due to a back disease, for which he had already undergone surgery. He was offered the option to resign or change positions to monitor prisoners on a computer screen in the county jail.
He refused the transfer and was fired. He claimed that his dismissal discriminated on the basis of disability because it did not sufficiently consider his medical condition by allowing him to avoid the exercise of exposure to the Taser shock. The Tribunal held that participation in Taser training included an essential occupational function of the applicant`s position. Even if he was considered disabled, the offer to transfer him to another job was a reasonable accommodation. The court also rejected the complainant`s requests for due process concerning his dismissal. Robert v. Carter, #1:09-cv-0425, 2011 U.S. Dist. Lexis 47975 (S.D. Ind.).
The Ninth Circuit has a training contract under which a police officer must reimburse 80% of his or her $8,000 training expenses. She resigned before completing her fifth year of service. Although the FLSA applied, she received much more than the minimum wage. Gordon v. City of Oakland, #09-16167, 2010 U.S. App. Lexis 23803 (9th Cir.). The police department was not required to pay the salary of a police officer who, after five years of absence, had to repeat basic training while being a state representative.
Santiago v. Methuen Police Dept., #09-P-1228, 77 Mass. App. Ct. 1116, 2010 Mass. App. Unpub. Lexis 948. The Louisiana Court of Appeals upholds the termination of a firefighter who failed to complete EMT training for a required six-month period.
Meiners v. St. Tammany Fire Prot. Dist. #4, 2009 CW 0435R, 2010 La. App. Lexis 1223 (1st Dist.). The Federal Court upheld an administrative rule that “no staff member shall attend police-related schools, whether at your time and expense or at the time and expense of the district, unless authorized to do so by the Chief of Police.” For reasons of responsibility, management has a legitimate interest in knowing what training it receives. Johnson v. Borough of Palmyra, #1:04cv5370, 2007 U.S. Dist.
Lexis 56628 (D.N.J.). Federal organizations are required to collect detailed information on current training programs and needs and to report the data electronically to the Office of Human Resources Management. The specific information requirements proposed include the names of the workers taking the training, the duration of the training, where they receive the training, the cost of the training, and the number of hours of training for each worker. Training: OPM Reporting Requirements, 5 CFR Part 410; RIN 3206-AK46; 71 Federal Regulation 28.545 (17.05.06). {N/R} The Department of Labor makes a previous statement that public employers cannot deduct amounts owed under training reimbursement clauses from final paychecks unless the compensation exceeds the federal minimum wage, including overtime. Salary and hour Opin. Ltr. #FLSA 2005-18, 2005 DOLWH Lexis 20 (May 31, 2005). [2005 FP Oct] The Seventh District maintains a collective bargaining provision requiring a firefighter to reimburse the full cost of his or her books and tuition for MPE training, even if he or she changed employers during the 30th month of the 36-month contractual commitment. However, the city must pay the plaintiff minimum wage for the last pay period, but could deduct excess compensation and sue the firefighter for breach of contract for the rest. Heder v.
City of Two Rivers, Wisconsin, 295 F.3d 777 (7th Cir. 2002). {N/R} The arbitrator dismissed a sergeant`s complaint that he was forced to work overtime on his day off, in violation of the collective agreement. Forcing him to participate in a government-mandated training program was not forced to work overtime. City Granite City and police Benev. Labor Cmtee., 117 LA (BNA) 222 (Wang, 2002). [2002 Oct. The New York Court of Appeals upholds an earlier decision allowing a police academy to raise its academic standards after starting a course at the academy.
Avila v. Safir, 686 N.Y.S.2d 30 (A.D. 1999). [1999 FP 142] The New York Court of Appeals dismissed an appeal by a person who botched the police academy. The department was able to raise academic standards for recruits after founding the academy. Guida v. NYC Dept. of Personnel, 672 N.Y.S.2d 1, 238 A.D.2d 170, 1997 N.Y.App.Div. Lexis 3213. [1999 PS 29-30] A firefighter is not entitled to a refund for conducting search and recovery training with their dog if the collective agreement provides for reimbursement of firefighting training, if most search and recovery missions are conducted by law enforcement agencies, and if the ministry does not regularly conduct such activities.
West Licking Fire Dist. and W.L. F/FS L-3025, 112 LA (BNA) 904 (Sugerman, 1999). {N/R} The Federal Court rejected a complaint by a correctional officer who wanted to order training during which officers must be sprayed with pepper thighs. Ryder v. Freeman, 918 F.Supp. 157, 1996 U.S. Dist. Lexis 3965 (W.D.N.C.).
[1996 PS 109-110] Employees have no legally enforceable “ownership interest” in participating in training programs, even if the boss violates ministry policies when selecting candidates for additional training. Dworak v. Wilmette, 618 N.E.2d 974 (Ill.App. 1993). [1994 FP 45-6] The Crown Prosecution Service (CPS) recruits trainee lawyers on an annual basis. A CPS training contract focuses on criminal law and could lead to a career as a prosecutor. A CPS internship contract may include: We are looking for competent lawyers with a “can-do” attitude who are absolutely not impressed by the pressure. With the ability to carry a diverse and heavy workload, you are a barrister or qualified barrister in England and Wales who has entered into an apprenticeship contract or training (or has been exempted from it by the Law Society or Bar Council).
A high level of organization, working with minimal supervision and meeting tight deadlines are essential to this role.
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