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Labor & Employment Law

: New York Public Personnel Law

10-day suspension recommended for employee found guilty of insubordination

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10-day suspension recommended for employee found guilty of insubordination
Health & Hospitals Corp. (Queens Health Network) v. Smith, OATH Index No. 2019/08

Administrative Law Judge Kara Miller recommended a 10-day disciplinary suspension for a hospital dietary aide found guilty of insubordination. Judge Miller dismissed a charge that the aide, who was talking to herself about an earlier dispute, was disruptive in the workplace as there was no evidence she used profanity or caused delay in the work area. However, there was credible evidence that the aide disobeyed an order from her supervisor to leave her work area and go home, as well as failed to attend a mandatory medical examination. While the Department sought termination, Judge Miller explained that termination has only been imposed in cases where the proven misconduct was much more egregious than that proven in this instance.

[For the full text of the decision, click on the title of the decision.]

Full post as published by New York Public Personnel Law on November 26, 2008 (boomark / email).