BY BILL CLEARY
Kain was fired in December 2009 for being absent from work without permission for more then 120 days. His last day of work was July 13, 2009. The former municipal clerk said he was absent because of depression and presented the city with documentation about his illness from physicians. In the February 11, 2011 Gloucester City News Kain said “My illness, Major Depressive Disorder – major depression – progressed noticeably until the point on July 13, 2009 I could not get out of bed let alone go to work. It was on this day that I began using my accrued paid time to start treatment for my recovery. My wife, Maggie, then started a very open and honest dialogue with the city on my behalf.” (see Kain's full statement) However, the City argued they gave Kain every opportunity to come back to work before they removed him. The City asserted that Kain abandoned his job. And pointed to NJAC4A:2.6(b) which indicates that five or more consecutive days absence without approval of the supervisor is regarded as an abandonment of the position and deemed a resignation not in good standing.