Legal Opinion

State ex rel. Oklahoma Department of Agriculture v. Yanes

Supreme Court of Oklahoma

Decided December 8, 1987No. 65062PublishedCited by 3 opinions

1Opinion of the Court

SUMMERS, Justice.

A state employee, classified as subject to the Merit System under the Oklahoma Personnel Act,1 was terminated by her employer, the State Board of Agriculture, on the ground of abandonment under Ethics and Merit Commission Rule 5.6.2.2.2 That rule provides that an employee “who is absent from duty for three consecutive working days without prior authorization shall be deemed to have abandoned his or her position.” She appealed to the Commission with partial success, the Hearing Examiner finding that she should not be discharged but rather suspended for sixty days without pay.…

2Cases cited12 opinions

  1. Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of LaborSupreme Court of the United States · 1941
  2. Patlex Corporation v. Gerald J. MossinghoffCourt of Appeals for the Federal Circuit · 1985
  3. State Ex Rel. Oklahoma State Board of Embalmers & Funeral Directors v. Guardian Funeral HomeSupreme Court of Oklahoma · 1967
  4. Pannell v. Farmers Union Co-Op. Gin Ass'nSupreme Court of Oklahoma · 1943
  5. Van Teslaar v. BenderDistrict Court, D. Maryland · 1973

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3Cited by3 opinions

  1. ROUSE v. OKLAHOMA MERIT PROTECTION COMMISSIONSupreme Court of Oklahoma · 2015
  2. Jones v. Oklahoma Merit Protection CommissionCourt of Civil Appeals of Oklahoma · 1993
  3. ROUSE v. OKLAHOMA MERIT PROTECTION COMMISSIONSupreme Court of Oklahoma · 2015

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