Jillian Baron was hired by the Hudson County Department of Corrections (DOC) in 2015 as a correctional officer. From 2016 to 2021, Baron was romantically involved with Sergeant Alfredo Castro, who was married for the duration, though they lived separately for a portion of that time. Baron and Castro had twins together during this period.
In May 2021, Castro went to his mother’s house to visit his family for brunch. Baron arrived uninvited with their four-year-old twins. Upon arrival, the twins chanted, “Daddy’s a liar.” Baron sat in the living room, made snide remarks, and tried to talk to Castro’s wife, but was told not to address her.
Castro attempted to ignore Baron and left the room with the twins. Castro’s mother told Baron to leave because she was not invited, but she refused to leave. Baron made additional remarks regarding Castro’s wife and eventually went to the bedroom to get the twins. As she was preparing to leave, she reportedly cursed at Castro’s sons, told them she “was still having sex with their father and that he f**** inmates.”
Baron and Castro’s wife then began to yell at one another and the twins started crying, so Castro’s youngest son took them outside. The verbal argument between the women escalated to a physical altercation when they grabbed each other’s hair and clothing. Castro, his father, and his brother tried to get between Baron and his wife and mother to stop the fight.
Castro’s mother called the police, who took statements from everyone, photographed the injuries inflicted on all three women, and prepared an incident report. The following day, Castro submitted an incident report to the DOC.
On May 17, 2021, the DOC issued a Preliminary Notice of Disciplinary Action to Baron alleging numerous violations of state regulations and work rules. Following departmental hearings, the hearing officer upheld the charges and Baron was removed from her position. The DOC issued Baron a Final Notice of Disciplinary Action memorializing the hearing officer’s decision and listing Baron’s progressive disciplinary actions “of major and minor consequences” going back to 2015. Baron appealed the decision to the New Jersey Civil Service Commission, which upheld her termination.
Baron appealed again to the Superior Court, which affirmed her termination. It noted at the outset that it had a limited role in reviewing decisions of state agencies, and that it was bound to “accord a strong presumption of reasonableness to an agency’s exercise of its statutorily delegated responsibility.” The Court could only reverse if Baron’s “punishment is so disproportionate to the offense, considering all the circumstances, as to be ‘shocking to one’s sense of fairness.’”
The Court held that “the ALJ’s determination was supported by evidence in the record. The ALJ considered the sustained infractions in tandem with Baron’s 97-day suspension in 2018, and 99-day working suspension in 2019. The record therefore contained sufficient evidence for the ALJ to conclude Baron should be terminated. Additionally, we are satisfied termination falls within the ‘continuum of reasonable outcomes’ and is not ‘shocking to one’s sense of fairness.’”
Matter of Baron, No. A-1546-22, 2024 WL 358334 (N.J. Super. Ct. App. Div., 2024).