Labor & Employment Law

Employee found guilty of willingly taking part in a fight

Employee found guilty of willingly taking part in a fight
Dep't of Consumer Affairs v. Wilson, OATH Index No. 1402/08*

An inspector was charged with striking and directing profanity at a supervisor. Citing to prior precedent, administrative law judge Tynia Richard found that even though the supervisor may have initiated the physical confrontation, this alone does not preclude the inspector from being disciplined for willingly taking part in the fight. She found the employee cursed at, and shoved, the supervisor instead of avoiding physical contact, and she recommended a 15-day suspension.

* To access the full text of the decision, click on case title

Full post as published by New York Public Personnel Law on September 05, 2008 (boomark / email).