Labor arbitrators generally do not like to keep employees fired. They tend to try and find any opening to return the employee to work, albeit many times with a lengthy suspension. Oftentimes, if a fired employee throws themselves on the mercy of the arbitrator and in their testimony owns the error, insists it will never happen again, agrees they were wrong and even offers up additional training and rehabilitation, they stand a better chance of being returned to work.

I fully expected the former officer to do just that. I was prepared to counter what I thought would be contrived contrition. Instead, the former officer did not show contrition. In fact, his testimony was the opposite of contrition. This was a major turning point and likely was the difference between his remaining fired and being returned to work and set the stage for the future legal matters going forward.

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