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Fired county worker wins appeal, job back

Judge: Panel ignored facts

The state Commonwealth Court has ruled in favor of a former Butler County Area Agency on Aging employee who sued the county for wrongful termination.

In an opinion filed Tuesday by Judge Anne Covey, the court ruled that Jo Donaldson of Center Township should get her job back and should get back pay. Donaldson appealed a 2014 decision by a county-appointed panel that upheld her firing. She claimed the Alternative Dispute Resolution panel disregarded evidence.

Covey said the panel’s decision to uphold Donaldson’s firing was not in accordance with the law and was based on “improperly adduced law and facts.”

According to Donaldson’s petition, “The ADR panel made erroneous findings of fact that were not supported by substantial evidence. The panel also demonstrated a fundamental lack of understanding about Donaldson’s duties and obligations under the Older Adult Protective Services Act.”

Donaldson was fired May 7, 2013, for alleged misconduct.

The appeal alleged Donaldson was unjustly fired because she did follow regulations governing guardianship issues.

AAA did an April 2013 investigation into an elderly woman with dementia needing protective services. Donaldson determined the woman was at risk because she was left alone for part of each day.

Donaldson decided the best action was to ask a judge to appoint a temporary guardian under an emergency guardianship proceeding, which happened.

According to the petition, the older adult attempted to physically assault Donaldson when she went to serve her with a guardianship order.

The woman was then involuntarily committed to the psychiatric unit of Butler Memorial Hospital.

The lawsuit claims the woman fell and injured herself while at the hospital, resulting in one of her sons threatening to sue the county to regain custody of his mother.

Donaldson was suspended April 26, then was dismissed May 7.

She contended her firing was contrary to the county’s progressive disciplinary process, which would entail a lesser punishment for an initial infraction.

Edward Olds, Donaldson’s attorney, said Donaldson is happy with the decision, saying it was a just ruling.

County solicitor Mike English could not be reached for comment.

Donaldson still has a federal suit filed against the county alleging her firing was in part due to age discrimination. Olds said that case was halted pending the results of the case in Commonwealth Court.

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