MADISON Co., Tenn (April 3, 2015) – The Madison County Civil Service Commission ruled unanimously in favor of Vatisha Evans-Barken who appealed her termination.

The County Civil Service Commission ruled the former Sheriff’s department investigator was under recommended medical leave during the time in question.

According to Evans-Barken’s personnel file she was fired for poor attendance in September of 2014.

Brad Hornsby, Evans-Barken’s attorney, argued that his client should have received a notice warning that her medical leave time was running out before she was fired.

Evans-Barken’s medical leave began May 1 and was set to expire Aug. 1. Her doctor made the written request to extend her leave on July 15, according to the commission’s ruling. Evans-Barken’s doctor had advised county officials in writing requesting eight more weeks of medical leave.

Vatisha Evans-Barkan Termination Appeal Decision

In their decision the commissioners wrote “It is apparent that a medical professional had recommended her leave approval and it was undisputed by the county that Evans-Barken had valid reasons for medical leave,”. Hornsby argued there was no proof presented that indicated the county disapproved the extended leave time. “Because of this, Evans-Barken could have reasonably assumed that the county did not object,”.

Commissioners said “It is also significant that at the time of the letter of termination, that Evans-Barken was still within the time frame of her medical professional’s recommended medical leave time.”

County officials have the option of appealing the commission’s decision in Madison County Chancery Court if they choose to do so.

No decision has been made on whether the County will appeal of if Evans-Barken will return to her job.