Labor & Employment Law

By Harvey Randall, Esq.

Employee dismissed after being found guilty of bringing discredit upon the employer

Matter of Jason Tessiero v Bennett, 2008 NY Slip Op 03372, 2008 NY Slip Op 03372, Appellate Division, Third Department

The Hearing Board concluded that Jason Tessiero, a State Trooper, engaged in misconduct by using his position as a State Trooper to enhance a social relationship and that he acted in a manner tending to bring discredit upon the Division of State Police. The Superintendent of State Police adopted the Board?s findings that Tessiero was guilty of six charges of misconduct stemming from his interactions with two women and its recommendation that be terminated. Respondent Superintendent of the State Police accepted the Hearing Board's findings and terminated his employment.

The Appellate Division affirmed the Superintendent?s decision, holding that there was substantial evidence to support the Hearing Board?s findings and that under these circumstances, ?the penalty of dismissal does not shock our sense of fairness.?
Essentially, the Board determined that Tessiero engaged in conduct that while on duty in the hope of establishing a social relationship with the women involved. In the words of the court, the proof supports the Hearing Board's conclusion that [Tessiero] engaged in misconduct by using his position as a State Trooper to enhance a social relationship and that he acted in a manner tending to bring discredit upon the Division of State Police,? citing Matter of Wilburn v McMahon, 296 AD2d 805.

The text of the decision is posted at http://nypublicpersonnellawarchives.blogspot.com/2008/04/employee-terminated-for-bringing.html

Full post as published by New York Public Personnel Law on April 22, 2008 (boomark / email).