See also: Mental Illness & Instability; Physical Impairments: Termination
     Terminating a medically disabled employee and applying to place the employee on disability retirement are mutually exclusive, inconsistent means of removing the employee from his or her employment. A California peace officer is entitled appeal any "punitive action" at a posttermination administrative hearing under POBRA § 3304.5. Riverside Sheriffs' Assn. v. Co. of Riverside, #E050596, 193 Cal. App. 4th 20, 2011 Cal.App. Lexis 220 (4th Dist.).
     Judge upholds the termination of a corrections officer who was medically absent for 219 days in a two-year period. "it is well-settled law that an employee may be disciplined for medical incompetence based on excessive absenteeism due to legitimate illnesses, or even to illnesses or disabilities attributable to an on-the-job injury." Dept. of Correction v. Duclet, #972/09 (NYC OATH).
     It was reversible error for a hearing officer to deny an in-person hearing to a deputy U.S. Marshal on an involuntary medical separation. Evono v. Dept. of Justice,#AT-0353-94-1078-I-1, 69 M.S.P.R. 541, 1996 MSPB Lexis 149 (1996). {N/R}
     New York's highest courts require public employers to give an employee a pre-separation hearing before involuntarily removing an employee for disability reasons. Prue v. Hunt, 78 N.Y.2d 364, 581 N.E.2d 1052 (1991). [1992 FP 84-5]
     California appellate court holds that a city must offer a hearing before denying a disability pension to an injured public safety employee. Statute of limitations on legal actions ran from date city denied the plaintiff a hearing, not from the date he requested one. Gregg v. City of Laguna Beach, 91 D.A.R. 7353 (1991).
     Police officer involuntarily retired for alleged psychological disability without notice was denied due process. Barberic v. City of Hawthorne, 669 F.Supp. 985 (C.D. Cal. 1987).
     City may dismiss employee, disabled by off-duty illness or injuries; pretermination hearing not required. Economico v. Village of Pelham, 415 N.Y.S.2d 239 (A.D. 1979).
     Hearing authority must make findings of fact to support denial of pension benefits. State ex rel, Ruthenberg v. Annuity and Pension Bd. of Milwaukee, 278 N.W.2d 835 (Wisc. 1979).