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Exonerated, gone anyway: You can independently assess misconduct

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in Employment Law,Firing,Human Resources

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal.

That means employers still have the right to make their own decisions about conduct and what they believe happened.

Casino cameras, commission

In Swan v. Boardwalk Regency Corporation (2009 WL 1228315, App. Div., 2009), Robert Swan worked as a security officer at Caesars Atlantic City, operating “eye in the sky” video surveillance equipment.

In June 2005, Swan was named in a complaint filed by the New Jersey Division of Gaming Enforcement (DGE) alleging that he, among others, had improperly used closed circuit television and security cameras at the casino to zoom in on “selected parts of the anatomy of several females.”

The casino concluded that Swan had engaged in misconduct and then fired him, citing the complaint and the negative publicity that...(register to read more)

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