Labor & Employment Law

Employee terminated after being found guilty of soliciting and accepting a gratuity

Employee terminated after being found guilty of soliciting and accepting a gratuity
Matter of Matthew Lowe v Doherty, 2008 NY Slip Op 04941, Decided on June 3, 2008, Appellate Division, First Department

The Commissioner of New York City Department of Sanitation dismissed Matthew Lowe from his position as a sanitation worker after finding him guilty of ?solicited and accepted a gratuity in exchange for collecting trade waste.?,

The Appellate Division unanimously affirmed the Commissioner?s decision, finding that it was supported by substantial evidence, including the testimony of undercover investigators who conducted an "integrity test" on Lowe. The court also noted that ?audio recording? of the investigators? ?integrity test? were made and considered in the administrative disciplinary hearing that followed.

Full post as published by New York Public Personnel Law on June 06, 2008 (boomark / email).