Ahmann v. Nebraska Department of Correctional Services, 278 Neb. 29

Summary

The Nebraska Supreme Court reviewed the termination of a corrections department employee who tested positive for marijuana after off-duty use. The court held that, under the collective bargaining agreement's just-cause and progressive-discipline provisions, immediate termination was not justified given the employee's otherwise spotless work record, the absence of demonstrated workplace harm, and his willingness to stop using marijuana. The court affirmed the district court's remand for determination of an appropriate sanction short of discharge.

Holdings

1. The district court did not err in finding that Ahmann's off-duty marijuana use was not shown to have affected his job performance or jeopardized the safety and security of DCS.
2. Immediate termination was not supported by just cause under the labor agreement because, considering the nature and severity of the infraction together with Ahmann's positive employment history, a reasonable employer acting in good faith would not regard the infraction as sufficient reason for discharge.

Questions Presented

1. Whether the district court erred in finding that Ahmann's off-duty marijuana use was not shown to pose a risk of harm to the safety and security of the correctional institution.
2. Whether termination of employment exceeded the just-cause and progressive-discipline requirements of the collective bargaining agreement.

Disposition

affirmed