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defense attorney | Paul Goyette Blog - Part 2

Knowing Your Rights Under the LRMDA and NLRA

Knowing Your Rights Under the LRMDA and NLRA Staying compliant with the complex and numerous federal statutory schemes that govern unions and their members is a daunting but important union duty. A union accused of discriminating against a union member, whether that be in an election or with regard to ...Read More

Know your Audience: a Key to Skelly Success

Recently Sgt. Butler* received word that his rank as a correctional sergeant was being taken away and he was to be demoted to a correctional officer position. As anyone who has attained a supervisory rank knows, getting your stripes is generally a product of years of hard work. Not only ...Read More

Giving Voluntary Statements After An Officer Involved Shooting.

After an officer involved shooting there are generally two investigations which are conducted.  An internal department or administrative investigation and an investigation conducted by the District Attorney Office or other outside agency to determine any criminal misconduct by the officers.  Though officers cannot refuse to give a statement to their ...Read More

Supervisor Demoted to Rank and File and then Reinstated

From supervisor to rank and file and back again     Nursing Supervisor, Mario Lenzi recently found himself on the receiving end of a proposed demotion from supervisor to a rank and file position. Mario had over 20 years of service with the State with only a handful of counseling ...Read More

Officer’s Excessive Force Reinstated with Full Seniority

On August 24, 2008, Correctional Officer Jorge Garcia was working a shift in a rover position assisting officers wherever needed for the San Joaquin County Jail.  Suddenly, he received a radio transmission from a partner requesting assistance in Unit 4, a tense and dangerous unit reserved for discipline problems.  As ...Read More

Right to Meet and Confer Upheld for Chico POA

After a 13 month battle in Superior Court,  G&A attorney John McCaslin’s and labor representative Steve Allen’s efforts prevailed against the City of Chico on behalf of our Client, Chico Police Officer’s Association. Chico POA President, Terry Moore expressed his gratitude to G&A – especially to John and Steve in ...Read More

Superior Court Sides with G&A on 12 Day Suspension Overturned

Goyette and Associates has defeated the Department of Corrections’ attempt to impose discipline on a Correctional Lieutenant employed at Pelican Bay, for innocent conduct that occurred in 2005.  The Department of Corrections attempted to institute 12 days suspension on a Lieutenant for a violation of a purported rule, which did ...Read More

Correctional Sgt cleared of misconduct nearly 1 year after death in custody.

The old adage “the wheels of justice grind slowly” is so often the case when dealing with internal affairs investigations in any law enforcement agencies across the state.  This is especially true when dealing with the California Department of Corrections and Rehabilitation as the bureaucracy between state agencies can often ...Read More

1 Week Suspension and Pay Reduction For Late Reports

 Police Officer with Hayward PD was recently served with a notice of a 1 week suspension without pay in addition to a 1 pay step reduction for an entire year.  The allegations giving rise to this discipline pertained to eleven departmental reports that were alleged to have been turned in ...Read More

Termination Reduced to Voluntary Demotion with Same Pay

On November 10, 2009 an employee at the High Desert State Prison received some of the worst news anyone in today’s economy can receive; she was terminated effective immediately.  She contacted Goyette and Associates to help her in this time of crisis and her case was assigned to attorney Dan ...Read More