Labor & Employment Law

Threats made in the heat of an argument a mitigating element in setting penalty

Threats made in the heat of an argument a mitigating element in setting penalty
Dep't of Environmental Protection v. Danko, OATH Index No. 1060/08 (Apr. 11, 2008).

Machinist was found to have made three threatening statements to different supervisors after his request for a work location reassignment was denied. ALJ John Spooner found the threats were disruptive and deserving of a severe penalty, but not termination. He noted that two of the remarks were made in the heat of an argument and were not premeditated and that the target of the most provocative remark testified that he did not feel concerned for his safety. The recommended penalty was a suspension without pay for 55 days.

Full post as published by New York Public Personnel Law on May 15, 2008 (boomark / email).