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News (Media Awareness Project) - US TN: Former Employee Files Suit
Title:US TN: Former Employee Files Suit
Published On:2002-12-11
Source:Citizen Tribune, The (TN)
Fetched On:2008-01-21 17:23:38
FORMER EMPLOYEE FILES SUIT

A former Morristown city recorder's office employee fired for allegedly
violating the city's drug policy wants a judge to review her termination.

The former employee, Rebecca A. Long, maintains she never smoked or
possessed marijuana, as alleged by three current or former city employees.
She passed a drug test after being placed on administrative leave.

In a type of lawsuit called a petition for writ of certiorari, Long asks a
Hamblen County Circuit Court judge to hear the evidence that resulted in
her firing and grant her unspecified legal relief.

City Administrator Jim Crumley discounted the significance of the lawsuit,
saying Long was an "at-will employee," and therefore can be terminated
under Tennessee law for virtually any reason.

"I've never engaged in unauthorized possession of marijuana, never
possessed marijuana at all," Long said during an administrative hearing,
which is the subject of the legal action.

The lawsuit alleges the final administrative action was "illegal, arbitrary
and capricious, and an abuse of discretion."

Her attorney, Richard Talley, maintains the drug-related statements leading
to Long's termination, were "uncorroborated," despite the fact three
current or former city employees reported they saw Long use or possess drugs.

One individual told a police detective Long brought marijuana to work at
the Morristown City Center. Another gave a signed statement alleging Long
smoked marijuana during a lunch break. The third person reported she and
Long bought marijuana and smoked it together.

The allegations involving Long's drug use surfaced after city officials
identified her as the lone suspect in the theft of more than $10,000 from
the city recorder's office.

Long is not charged in connection with the missing funds, but a Tennessee
Bureau of Investigation fraud specialist is conducting an independent
investigation. Results of the criminal inquiry could be presented to a
grand jury.

A city audit pinpointed two instances in July where Long allegedly failed
to deposit transactions totaling $5,445.48 and $3,871.63.

After city Finance Director Dynise Robertson identified cash was missing,
Long refused to take a computer voice stress analyzer test, which is
similar to a lie-detector exam.

Other city recorder's office employees took and passed the CVSA test,
according to city officials.
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