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DEPT. OF MENTAL HEALTH v. HAYES

No. 09-AA-32.

6 A.3d 255 (2010)

DISTRICT OF COLUMBIA DEPARTMENT OF MENTAL HEALTH, Petitioner, v. Stacy HAYES, Jr., Respondent.

District of Columbia Court of Appeals.

Decided September 20, 2010.

Attorney(s) appearing for the Case

Carl J. Schifferle , Assistant Attorney General, with whom Peter J. Nickles , Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, were on the brief, for petitioner.

No argument was made or brief filed by Stacy Hayes, pro se.

Before THOMPSON and OBERLY, Associate Judges, and FARRELL, Senior Judge.

OBERLY, Associate Judge:

Stacy Hayes, a former employee at Saint Elizabeths Hospital, had a history of poor work attendance that was caused in part by his substance abuse. In January 2008, Hayes pleaded guilty in Maryland state court to misdemeanor possession of a controlled substance other than marijuana. Following a two-month incarceration, Hayes returned to work, but he was told that there was a possibility that he would be fired. Faced with that possibility, Hayes...

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