Jill McGlone, a former administrative worker at the Norfolk Community Services Board, is hopping mad and I don’t blame her. She has alleged that she was wrongly terminated from a job that she had not done in 12 years while receiving full pay. McGlone was suspended back in 1998 but somehow got lost in the system — left with the dream job of all pay and no work for over a decade. She reportedly received more than $320,000 before being terminated. The case brings new meaning to the CSB’s slogan “A Stable Force in a Turbulent World.”
McGlone was suspended in 1998 for allegedly having a weapon on CSB property and was later accused of illegally releasing confidential medical information about a patient who was HIV-positive.
Jill McGlone objected in a letter to Norfolk City Manager Marcus Jones that “No rectification can justify the moral devastation that publicly took place to my family. . . . My family and I suffered greatly due to a malfeasance based on falsified information released to the media by the City of Norfolk.” and CSB Director Maureen Womack saying she wanted to meet with them about her “wrongful termination” and denial of unemployment benefits.
There is a criminal investigation reportedly into the matter, though (absent some kickback scheme) I fail to see how McGlone can be liable to accepting money on suspension. In the meantime, McGlone has indicated that she not only wants reinstatement but unemployment benefits.
I find the case fascinating. Unless they ruled on the merits of the allegations, McGlone may have been denied a fair hearing. The ability to adjudicate such a claim after over a decade of inaction can be difficult.
Source: Hampton Roads
Kudos: Alice Sawyer
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Generally, at least in my state, an employee is placed on paid administrative leave pending issuance of a letter of discipline (which may be termination or something less.) There is nothing for the employee to do, until the employer takes some action. If the employer has now terminated her, then now is the time for her to seek whatever review of that decision may be available to her. While she might have brought someone’s attention to the fact she was still on leave, the responsiblity to take the next step rests squarely on the employer. It just doesn’t seem quite reasonable to expect the employee to call the employer and complain about not having been fired yet.
Raff-
Galliano the liqueur: Smooooth.
Galliano the designer: Not Smooth.
AY:
I don’t think laches or any limitation defense applies as against the sovereign assuming the State contributed to her pay. Virginia has a “default” grievance procedure for any jurisdiction who doesn’t adopt and certify their own. It’s found at Va. Code Ann. § 15.2-1507. The time lines are mandatory and the Circuit Court can hear the case if the guidelines are ignored. The employee can issue a notice of noncompliance with the time limits and, unless corrected within 5 days by the City, she wins. She had legal recourse if she chose to use it. She simply sat back and collected her public funds for doing nothing. No sympathy here.
Thanks for noticing HenMan! I used to drink a lot of that Galliano in college in a certain drink with vodka and orange juice!
Ginger,
I bet she was able to work another jobe while collect that $26,000 per annum!
Normally I’m not one for moral relativism but I’d hate to see the whole weight and might of the law brought to bear on this employee. It seems that her problem is that she isn’t too malfeasant or important to fail. If she had been as malfeasant and important as say AIG’s COO and CoB and other captains of that industry, Ms. McGlone would have gotten billions as well as a huge bonus. She may even have gotten a political appointment to some high profile, high power position by Virginia’s Governor or the President. I’m on her side just ’cause I like the concept of equal justice.
Raff said,”I wonder if she gets to keep her red stapler?!”
“Galliano”, “Yoo Tube”, “red stapler” :
Trifecta!!!
Employees only expected to be legal, not ethical. Get a shovel to bury that poor old obsolete word.
“I wonder if she gets to keep her red stapler?!”
LOL! 😀
I’m kinda sympathetic toward the woman. The employer may well be on the hook for a lot more than 300k if they treated her unfairly all those years ago.
Hey, besides, it’s only 26,600 a year for crying out loud. I’ll bet she got no cost of living increases either. Why do people hate her for being so graciously patient while her superiors were diligently contemplating her case?
That is one sweet 12 year tenure! She lasted longer than Milton did! Who wouldn’t be upset if that gravy train had to end? I agree with Buddha and company that if she was not terminated in 1998, she won’t have to give up the money, but there will be some other people who will be leaving their jobs shortly.
I wonder if she gets to keep her red stapler?!
mespo,
So then the rights, duties and obligations are spelled out in the employee/employer handbook….or….the default state laws or the federal employment laws….. While it may seem clear cut… I think misfeasance, malfeasance on the employers part is an issues…. so is laches….. What could and should the employee have done differently? With all due respect we know what the employer should have done…
AY:
We’re a right to work state with no public employees union.
What mespo said.
If I were the HR Director or whatever administrator is responsible for such processes as terminations for the city, I’d be getting very nervous about now.
Very much doubt VA is a union state – not in any sense of the word 🙂
If she had not been terminated but put on paid suspension then she has every right to that pay plus UI. She did not do anything wrong in accepting the pay. Further, if she was not terminated originally then she has a good argument for reinstatement. What was the cause of the suspension and did the employer make any effort to review the case before termination?
“In the meantime, McGlone has indicated that she not only wants reinstatement but unemployment benefits”
Dose’nt know how to leave well enough alone.
mespo,
Query….Is Virginia a union state? If so, was she not waiting for a due process hearing….. I know of a city employee an at will state to boot that had to wait a year on paid suspension… the employee was wanting to go back to work….and called and called and emailed and emailed….. What duty did the employee in this situation have other than wait for the notice of the hearing? This employee received 320 K over 12 years…not much money in the grand scheme of things….
One kicker would be did she receive raises and insurance… all while on suspension….
Somebody owes the taxpayers of Virginia $320,000. I would say Ms. McGlone is the lucky one based on an unjust enrichment theory. Her claim to unemployment benefits may be justified, but I’d write that check after the $320,000.00 check clears. This is malfeasance by the City, greed by the employee, and a disservice to everyone else.
I think that the Employee has a valid claim and should not only succeed upon the merits of the case but should be reinstate. This is a true denial of the rights assigned the claimant……
Anonymously Yours