Serpas v. Department of Police

Louisiana Court of Appeal

Serpas v. Department of Police

529 So. 2d 138, 1988 La. App. LEXIS 1492, 1988 WL 71804

CourtLouisiana Court of Appeal

DecidedJuly 12, 1988

DocketNo. CA 8635

StatusPublished

Cited by3 cases

This text of 529 So. 2d 138 (Serpas v. Department of Police) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Serpas v. Department of Police, 529 So. 2d 138, 1988 La. App. LEXIS 1492, 1988 WL 71804 (La. Ct. App. 1988).

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Opinions

ARMSTRONG, Judge.

Appellant had been dismissed from the Department of Police for misconduct, but the dismissal was ultimately reduced to a six month suspension in the appeal process, 483 So.2d 1259 (1986). In the meantime he drew unemployment compensation. When his back pay was computed it was reduced by the amount of compensation he received. He appealed to the commission which ordered the Department to reimburse him for the amount deducted. The Department appeals.

R.S. 49:113, which authorizes the appointing authority to set off wages and salaries earned by an employee in private employment in a period of separation against the amount of back pay due him when he is found to have been wrongfully discharged, does not authorize set off of unemployment compensation. Alongi v. Department of Police, 480 So.2d 1001 (La. App. 4th Cir.1985), writ denied, 481 So.2d 1351 (La.1986).

Accordingly, the judgment appealed from is affirmed.

AFFIRMED.

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