Sutton v. Tennessee Civil Service Commission

OPINION

HARBISON, Justice.

Appellee, a state employee, was discharged for an “habitual pattern of failure to report for duty at the assigned time and place.” It is uncontradicted in the record that the employee’s absences or failure to report for work were in every instance approved by his superiors and were supported by statements from doctors. His total absences did not exceed his accumulated leave or his approved sick leave. Under these circumstances, in our opinion, the employer was not legally justified in discharging appellee upon the ground alleged. Accordingly we affirm the judgment of…