Ohman v. City of Tustin
Plaintiff appeals from the trial courts denial of her petition for writ of administrative mandate in which she challenged the decision of the City of Tustin (the City) to terminate her employment as a records clerk for the Citys police department. Ohman was scheduled to return to work for the City on September 24, 2002, following knee replacement surgery. Ohman did not return to work. Instead, the City received several reports from Ohmans physicians, which stated Ohman could not return to work until November 2002 and vaguely referred to a back condition. The reports further stated that when she is released to work, she would be released to work with no restrictions except that she would require a reduced work schedule.
Pursuant to the terms of the memorandum of understanding between the City and Ohmans union, Ohman appealed the decision to terminate her employment to the City manager. Pursuant to the memorandum, an impartial arbitrator held a hearing regarding the dispute and reported his recommendations to the City manager. As permitted by the memorandum, the City manager reviewed the arbitrators report, disagreed with part of it, and upheld Ohmans employment termination as supported by just cause. Ohman filed a petition for writ of administrative mandate in superior court, seeking to overturn the City managers decision. The trial court denied her petition on the ground Ohman failed to disclose any disability, the nature of any disability or her physical limitations to the City. Ohman contends the trial courts decision was not supported by substantial evidence. Court affirm.
Comments on Ohman v. City of Tustin