A Vermont Department of Corrections worker has been fired for a slur-filled, obscenity-laced Facebook posting where he complained that he “had to work on a holiday and guard a transgender inmate who was on suicide watch.”

“HAPPY FOURTH OF JULY from the communist haven of VT,” James Frank wrote on his Facebook page, according to public records obtained regarding his termination. 

“Have to go in 4 hours early to sit and watch a he she who wants to hurt/kill self,” Frank added in the posting. “SO sick of the LIBERAL BULLSHIT. I think it’s just a p-ssy that won’t do it anyway and needs attention.”

The posting continued with Frank writing that he was “done” with the corrections department. 

“With any luck,” he wrote, “they fire me and I’ll take their money and benefits, like the f’in freeloaders we watch!”

Frank did end up getting fired for the posting, and he appealed his termination through a grievance filed on his behalf by the Vermont State Employees’ Association, the union representing correctional workers. 

The VSEA presented several arguments, including that Frank was fired without “just cause,” progressive discipline was bypassed, and Frank’s actions were free speech protected by the First Amendment.

Earlier this month, the Vermont Labor Relations Board upheld the decision by James Baker, interim corrections commissioner, in firing Frank. 

“We recognize there can be differing plausible views with respect to grievant’s potential for rehabilitation,” the decision read.

“However, we will uphold management’s decision to dismiss an employee if management exercised its discretion within tolerable limits of reasonableness,” the ruling added, “and it was reasonable for DOC Commissioner Baker to conclude that ‘Grievant can’t just walk back from a statement’ like he made in the Facebook post.” 

Steve Howard, VSEA executive director, said Tuesday he could not comment on the case, calling it a personnel matter. Frank could not be reached for comment. 

The VSEA did post about the firing and the labor board’s ruling on its website under the headline, “VLRB Ruling Triggers Social Media Caution from VSEA.“

The posting said Aimee Towne, VSEA president, had emailed union members about the decision. 

“Towne says that, boiled down, this means members should be careful about what they are posting to social media because, judging by this VLRB ruling, it could be used against you by the state of Vermont,” the VSEA website posting stated.

Frank was hired in March 2005 as a corrections officer at the Northwest Regional Correctional Facility in St. Albans, then voluntarily resigned in April 2011. He reapplied and was rehired to work as a cook at the Chittenden Regional Correctional Facility in South Burlington in May 2012, then returned to the St. Albans prison as a corrections officer from 2016 until his firing. 

The ruling stated that Frank had consistently received “positive” comments on his employee evaluations for how he worked with inmates, and was disciplined only once with a written reprimand for failing to properly close a door while working in a control room.

The decision said Frank was aware that the corrections officer job came with a requirement of mandatory overtime to cover unfilled shifts. 

On July 3, 2019, according to the ruling, Frank was told he would need to start his shift the next day four hours early, and instead of coming in at 2 p.m. on July 4, he was told to start at 10 a.m., starting earlier so he could guard a transgender inmate on suicide watch. 

Frank became upset that he had to go in early on July 4 because he had planned to spend time on the holiday with his family, the decision said. On the evening of July 3, according to the ruling, he drank a “large amount of alcohol” and published the Facebook post late that day.

He also followed up his initial posting with another one stating, “GO AHEAD AND REPORT ME UP THE CHAIN OF COMMAND: TIME SOMEONE PISSED IN THEIR ASS KISSING CHEERIOS ANYWAY.”