IAEP Member Returns to Job with Full Back Pay Following Unjust Termination
AMR has been ordered to return Paramedic Jeff O'Dell, Local 191, to his position with AMR in Thurston Lewis, Washington. According to Arbitrator Thomas Levak, Mr. O'Dell, a senior paramedic in Thurston Lewis, was terminated without just cause for a minor protocol violation.
During a response to a medical emergency in October of 2007, O’Dell was required to administer ‘ALS’ treatment to the patient, which, according to company protocol, immediately classified the situation as an ‘ALS’ call moving forward. O’Dell, however, believing his treatment had reduced seriousness of the situation back to a ‘BLS’ level.
After the violation, Mr. O'Dell met with AMR management and AMR's training physician to discuss the incident. Mr. O'Dell was informed that the meeting would conclude the incident. However, about 10 days later, AMR terminated him.
Attorney Linda Mouzon successfully represented O'Dell throughout arbitration, arguing that management did not have just cause for his termination, that AMR violated due process by attempting to rely on other incidents not set forth in the termination letter, and that there was no notice to employees that such a violation of policy or protocol would result in termination. The arbitrator agreed with all of these arguments and also concluded that AMR's assertion that other investigations were taking place was not true, meaning he found AMR witnesses not credible. In a loser pays decsion, the arbitrator also ordered AMR to pay the entire arbitrator fees.
"The arbitrator's decision sends a message, once again, to AMR that they are bound by the principles of just cause and due process and that they can't decide to provide multiple or excessive discipline when they choose to" said Mouzon.
The arbitrator also agreed that management subjected O’Dell to double jeopardy by first issuing him a written reprimand and then later terminating him for this offense. Due to O’Dell’s exemplary record and reputation as a paramedic, the arbitrator also found the protocol violation to be considered a minor violation that is not appropriately punished by termination.
In his decision, the arbitrator ordered O’Dell be returned to his position with AMR and that he be made whole for all pay and benefits lost as a result of his termination. The arbitrator’s decision also states that O’Dell not lose any seniority as a result of his termination.