Administrative :  Reinstatement –  State Personnel Law

Where a research analyst who was fired from his state position challenged the reversal of a decision reinstating him to the job, the trial court’s judgment is reversed and the commission’s decision reinstating him is affirmed because the department employer failed to show that his conduct was sufficiently serious as to warrant dismissal rather than a lesser form of discipline, or that his dismissal was for the good of the service.

Judgment is reversed.

Shrock v. Gan (MLW No. 72075/Case No. WD81268 – 15 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Cole County, Beetem, J. (George Smith, Columbia, for appellant) (Daryl Taylor, Kansas City, Missouri, for respondent).

Read the full text of this opinion. (PDF)