Labor & Employment Law

Penalty of demotion rather than termination recommended based on findings that employee could satisfactorily perform in the lower grade position

Penalty of demotion rather than termination recommended based on findings that employee could satisfactorily perform in the lower grade position
Dep't of Correction v. Walker, OATH Index No. 1394/08 (Oct. 17, 2008)

Administrative Law Judge Faye Lewis recommended demotion for a Correction Department captain who ordered a subordinate officer to submit a report containing certain language while implying that there would be negative employment consequences to the subordinate if she did not do so. The captain also gave an unlawful order to a subordinate to retrieve a use of force package and then duplicated certain documents from the package without permission or authority. She further gave false and misleading statements in both verbal and written reports to her supervisor concerning these two incidents. Finally, the judge found that Walker became involved in a verbal confrontation with another captain that escalated into a physical confrontation.

Judge Lewis rejected the penalty of termination in favor of demotion, explaining demotion is appropriate where an employee has proven unable to comply with the requirements of a promotional position but is able to comply with the requirements of a lower position, as was the case here.

[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 28, 2008 (boomark / email).