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Department of Corrections can fire employee with record of unlawful behavior

Mark Enszer sued the Civil Service Commission after it upheld his firing from the Department of Corrections.  Enszer had been accused of stealing merchandise from a Cabela's store.  While he was initially charged with a felony, Enszer ultimately plead no contest to a misdemeanor.  Citing the overall record of Mr. Enszer's conduct and the surveillance video of his activity, the Court held that there was substantial evidence to uphold his termination.  While a lesser form of discipline might have been acceptable, the discharge was a reasonable response and "just cause" had been established.

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