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Administrative: Termination-Authority-Unauthorized Law
Staff Report//September 23, 2019
Where an employee terminated by a government agency challenged the decision of the Administrative Hearing Commission that found that the human resources director had the authority to fire him, the HR director did not have the authority to terminate the employee, but the termination occurred by the actions of the agency’s director, so the AHC misapplied the law when it granted the agency’s motion seeking the employee’s termination, and on remand a factual termination should be made as to the effective and authorized date of termination.
Judgment is reversed and remanded.
Stiens v. Department of Agriculture (MLW No. 73939/Case No. WD82219 – 12 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Nodaway County, Miller, J. (Gregory Stiens, pro se) (Daryl Taylor, Kansas City, Missouri, for respondent).
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