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In Re Grievance of Jewett

VTJune 19, 2009No. 2008-138Cited 14 times

Case Details

Judge(s)
Reiber, Dooley, Johnson, Skoglund, Burgess
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The Vermont Supreme Court vacated the Labor Relations Board's decision to reinstate the grievant and upheld the Department of Corrections' dismissal of correctional officer Dennis Jewett for gross neglect of duty in failing to intervene when an inmate repeatedly cut himself with a razor blade.

What This Ruling Means

**What Happened** Dennis Jewett, a correctional officer at the Vermont Department of Corrections, was fired for gross neglect of duty. The incident occurred when an inmate repeatedly cut himself with a razor blade while Jewett was on duty. The department claimed Jewett failed to intervene to stop the inmate from self-harming. Jewett challenged his termination, and initially won his case when the Labor Relations Board ordered his reinstatement. However, the Department of Corrections appealed this decision to the Vermont Supreme Court. **What the Court Decided** The Vermont Supreme Court sided with the Department of Corrections and overturned the Labor Relations Board's decision. The court upheld Jewett's firing, ruling that his failure to intervene when the inmate was cutting himself constituted gross neglect of duty that justified termination. **Why This Matters for Workers** This case shows that employees in safety-sensitive positions like corrections face high standards for job performance. Workers have a duty to act when someone's safety is at risk, and failing to do so can result in termination that courts will uphold. The ruling demonstrates that even if a labor board initially sides with a fired worker, employers can successfully appeal if they can prove serious misconduct occurred.

This summary was generated to explain the ruling in plain English and is not legal advice.

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