Iowa Workforce Development manages unemployment claims filed on behalf of Iowans. (Photo by Getty Images, logo courtesy the State of Iowa)
A federal food inspector in Iowa is entitled to unemployment benefits despite his arrest on charges of domestic abuse by strangulation, a judge has ruled.
State records indicate Deng M. Chol of Marshalltown worked for the U.S. Department of Agriculture as a full-time food inspector from February 2021 until his suspension in May of this year.
The records show that on Feb. 23, 2024, Chol summoned the police to his home due to an altercation with his wife. Chol was arrested and subsequently charged with domestic abuse assault by strangulation, two counts of child endangerment causing substantial risk, and domestic abuse assault causing bodily injury.
Each charge carries a potential penalty of a year or more of imprisonment.
According to police reports, Chol admitted having a physical altercation with his wife, leaving her with a bump on her hand, a bloody mouth and scratches. Chol’s wife alleged he grabbed her by the neck and applied pressure to the point that it was hard for her to breathe, the police report states.
The USDA initiated an investigation into the matter and on April 24, issued Chol a notice of proposed suspension for committing crimes for which a sentence of imprisonment could be imposed.
On May 9, Chol was suspended for allegedly failing to maintain the USDA’s high standards of ethical behavior by engaging in criminal conduct, and for conduct that might create the appearance of violating the law or ethical standards.
The suspension was deemed to be for an indefinite period since it was based on the outcome of the criminal case.
Chol subsequently filed for unemployment benefits and collected $5,712 before the USDA objected. The matter then went to a hearing before Administrative Law Judge Stephanie Adkisson, who ruled recently that Chol was eligible for benefits.
Chol, Adkisson found, was criminally charged and then suspended for off-duty conduct. The USDA, she said, had not demonstrated that the domestic abuse incident “was sufficiently work-connected such that it might be disqualifying, job-related misconduct.”
Adkisson concluded “there is no nexus between the charges and (Chol’s) employment. The employer’s interests were not harmed as a result of the charges.”
Adkisson also noted that Chol had not pleaded guilty to, or been convicted of, the criminal charges. While the USDA may have been justified in suspending Chol, she stated, it had not proven the sort of job-related misconduct that would disqualify a person from collecting unemployment benefits.
Court records indicate a plea agreement of some kind has been reached in the criminal case, with the parties informing the court on July 26 that Chol wished to submit a guilty plea. The court filings give no indication as to the charges to which Chol intends to plead guilty. A hearing on the matter is scheduled for Aug. 12.
Other Iowans whose unemployment cases recently went before a judge include:
— Anastasia Peterson , who worked for Ducharme Dermatology in Clive as a full-time physician’s assistant until she was fired in June. In February of this year, Peterson was allegedly notified that she was required to provide patient services in a more expeditious manner and was given instructions as to how much time she should spend for each medical procedure she administered in the office.
The new rules allegedly required Peterson to complete most medical procedures up to 50% more quickly than she had in the past. Peterson alleged it was almost impossible for her to speed up her work without cutting corners in a manner that she felt compromised patient safety. On June 4, she allegedly met with the clinic management to discuss her concerns and was fired during the meeting.
Administrative Law Judge Duane Golden awarded Peterson unemployment benefits, finding that she had “tried to adapt and make changes” to comply with the clinic’s directives. The clinic, Golden found, did not provide sufficient evidence of deliberate conduct in violation of company policies and had not warned Peterson her job was in jeopardy.
— Melissa Cooley , who for 10 years worked as a nurse or nurse trainer for the Sunrise Retirement Community in Sioux City until she was fired in June. Beginning in 2021, Cooley allegedly began receiving warnings for not properly documenting resident care and not properly changing residents’ wound dressings.
In May and early June of this year, while on employment probation, Cooley repeatedly signed documents falsely indicating she had cleaned residents’ wounds and changed their bandages, the home alleged. Other nurses who came on duty after Cooley had allegedly found older bandages still on residents, although Cooley had written into the medical records that she had replaced the bandages. Cooley was deemed ineligible for unemployment benefits and was ordered to repay $2,416 already collected.
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