Theft: Taking Can of Soda Not Grounds to Fire Nurse's Aide, Court Says
Legal Eagle Eye Newsletter for the Nursing Profession
(7)5 May 99
Quick Summary: The nursing home aide exercised poor judgment, but could not be fired.
A certified nurse’s aide was seen drinking a can of soda. When confronted, she claimed she got it from the nursing home’s vending machine. Since it was the brand of soda kept on hand for residents, and not the brand stocked in the vending machine, the aide was fired.
The New York Supreme Court, Appellate Division, ruled the aide had exercised poor judgment, but since she was a long-standing employee with a good work record, this one incident was not misconduct serious enough to justify her termination.
In re McDuffie, 684 N.Y.S.2d 12 (N.Y. App., 1999).