Case: Individual Employment Rights/Public Employees (Nev.)

An administrative hearing officer erred in overturning the firing of a Nevada Office of the Military supervisory employee who’d sent a subordinate an image of a nude male’s genitalia from his cell phone while at work. The hearing officer’s decision disregarded substantial evidence and was an abuse of discretion because firing a long-term state employee with no record of previous violations may be appropriate if he commits an offense punishable by firing for a first-time violation, and the agency is in a better position to determine what is best for the public service, the court said. The case is State v. Simpson, 2018 BL 459087, Nev., 72618, 12/11/18