Labor & Employment Law

OATH Administrative Law Judge Kara Miller recommended dismissal of charges brought against a New York City Department of Transportation employee. .

With respect to charges involving an alleged verbal and physical altercation with a co-worker with a co-worker, Judge Miller determined that the employee, Donna Solli, attempted to avoid a confrontation with a co-worker by leaving the area. .

The co-worker, however, followed Solli to a different location and initiated physical contact. Judge Miller found that ?the force used by [Solli], if any, was defensive. .

Solli was also served with a separate charge of insubordination. The Department alleged that Solli refused her supervisor?s instructions to repair a pothole.

Although Solli ultimately complied with the supervisor?s directive, Judge Miller ruled that her failure to do so promptly was misconduct. .

The ALJ recommended that the Department place Solli on suspension without pay for eight days. . The decision is posted on the Internet at:
http://archive.citylaw.org/oath/10_Cases/10-2888.pdf
.

Full post as published by New York Public Personnel Law on March 29, 2011 (boomark / email).