Union Arbitration Denied — Arbitrator Upholds Employer’s Termination based on Presence on OIG Exclusion List

Jonathan Allan and Laura Clark successfully defended Rite Aid’s termination decision regarding employee Claudia Sandoval in a binding arbitration before arbitrator Frank Silver.

In this case, UFCW 770, on behalf of the terminated employee, challenged Rite Aid’s termination decision, which was itself based on the presence of employee on Federal Office of Inspector General Exclusion List. The OIG exclusion list prohibits precludes excluded persons from participating in Medicare and Medi-Cal programs, and the employee was convicted of Social Security-related fraud, thus placing her on exclusion list. Arbitrator overruled Union grievance, holding the employer properly terminated employee once it discovered she was on the exclusion list. Read the decision.

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