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: New York Public Personnel LawAppellate Division rules that change in employer?s illegal drug policy should not be applied retroactively
Appellate Division rules that change in employer?s illegal drug policy should not be applied retroactively
Matter of Kevin O'Neill v City of New York, 2008 NY Slip Op 05020, Decided on June 5, 2008, Appellate Division, First Department
The New York City Fire Department's Commissioner terminated firefighter Kevin O?Neil because he tested positive for marijuana during a random drug test. The Fire Department had a ?zero tolerance? drug policy in effect at the time of the decision. O?Neil appealed, contending that ?changes have been made to the Fire Department's policy regarding marijuana usage? after he was terminated and the Department?s new policy should be applied in his case.
The Appellate Division rejected his claim that the changes should be retroactively applied to his case.
Full post as published by New York Public Personnel Law on June 09, 2008 (boomark / email).
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