View Summary
Utah Department of Corrections, Petitioner
vs.
John R. Despain and the Career Service Review Board, Respondents.
Click Here to Read the Full Case Summary
Issues:
Corrections, public employees, policy and procedure, off-duty conduct, alcohol testing, post accident testing.
Case Summary:
The Utah Department of Corrections appeals a decision of a state review board that reversed it efforts to terminate an employee. The department terminated John Despain's employment following several violations of its policy. Despain appealed the action to a state review board.
Decision of lower jurisdiction:
The Utah Career Services Review Board ruled that the department had acted without just cause. The board ordered Despain reinstated. The board also ordered a 20-days suspension without pay for the employee.
Outcome:
The corrections department wins. The Utah Court of Appeals determined the department operated with just cause and orders the termination of Despain's employment.