In a decision of interest to our clients in the the Department of Safety, Departement of Fish and Game and Department of Corrections, the NH Supreme Court has vacated the termination of a Department of Transportation Employee and ordered the case remanded to the Personnel Appeals Board.  The DOT had terminated an employee pursuant to a personnel rule that allows dismissal where an employee receives three warnings for the “same offense.”  See Per 1001.03(a) (now at 1002.04(b)(1)).

The Court stated that the three warning rule was intended to apply to “permit dismissal following three written warnings for a particular behavior, and not merely for any behavior that might be characterized as a similar violation under a [catch-all rule which generally prohibits violation of any the rules.]”  Because the conduct underlying the three warnings was different, the Court concluded that the three warning rule could not be used to justify dismissal of the DOT employee.

A copy of the decision can be found at the following link: Appeal of Murdock