The document is a decision by the Civil Service Commission regarding an appeal filed by Kristen English. English alleges that she was denied promotional opportunities to the title of Correctional Program Officer C (CPO C) after being wrongfully terminated from her position as a Correctional Program Officer I NB by the Department of Correction (DOC). The appeal was filed under Massachusetts law.

Findings of fact from the document include:

  • English was hired as a Correctional Program Officer I A/B by the DOC on January 6, 1996.
  • She performed well in her job and received positive performance reviews.
  • She passed a promotional exam for the position of Correctional Program Officer C in 2000.
  • After giving birth in April 2000, English returned to work in August 2000 but experienced medical problems.
  • She sought medical leave under various acts, including the Family Medical Leave Act (FMLA), due to her medical issues.
  • The DOC terminated her employment on May 20, 2003, citing the expiration of her medical leave.
  • English filed a grievance and went through arbitration, which found her termination to be without just cause. The termination was overturned by the arbitrator and upheld by the Superior Court.
  • During her period of termination, the DOC made promotional appointments to the position of Correctional Officer C, which English was bypassed for due to her termination status.
  • English's union advised her not to sign acceptance cards for promotions during her termination period.

The Conclusion of the decision involves:

  • The Commission's role in assessing whether the Appointing Authority (DOC) had reasonable justification for its actions.
  • The Commission finding that English was wrongfully terminated and de facto bypassed for promotional opportunities.
  • Discussion of whether English should have been allowed to sign acceptance cards during her termination period and whether she could have assumed the position.
  • The Commission determining that English's appeal is allowed, and she is granted relief under Chapter 310, allowing her name to be placed at the top of the eligibility list for promotional appointment to CPO C.

In essence, the decision establishes that Kristen English was wrongfully terminated and denied promotional opportunities, and as a result, she is granted relief by the Commission to be considered for promotion to the position she was denied during her wrongful termination period.


Last modified: Monday, 28 August 2023, 10:22 PM