Will employer win appeal of prior Hearing Officer ruling no misconduct for violating law firm policy = alleged misconduct?
(Las Vegas, NV)
Nevada Hearing Officer ruled in my favor, prior employer (law firm) appealed to Referee alleging misconduct for handling criminal case, my at-will contract does prohibit me from criminal practice, but i only appeared in crim court few times to WITHDRAW from cases i was on prior to starting at the firm, as per NV law. i didnt like how hearing went b/c of questions Ref was asking i.e. Did u get firm manual w/policies? Did u read it? etc. But I did notify my secretary when i appeared, but not senior partners who are in Irvine/SD and Im in Las Vegas. What do u think? Been getting benefits since April. Im waiting on decision still. As NV law and Sup Ct Rules for attys requires a Motion to Withdraw and Personal Appearance, doesnt NV law trump my firm's policy?? If I followed firm policy to letter I would be violating law/court rules by not appearing to withdraw as counsel of record?? Right???Thanks,
Hi,
That's what I would think. The employer rules cannot be the cause that makes you do something not in compliance with the law or any pesty procedural rule:)
But, you mentioned that you told your secretary and not the senior partners .. so .. I'm wondering if the ALJ was fishing for some reason to hang you on insubordination as the misconduct .. because there was a rule or some type of admonition that you must first notify a senior partner .. even if to withdraw and even if required to do so in person by NV law.
What do you think?
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