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Employee dismissed following a disciplinary fails to allege sufficient facts the disciplinary action was initiated in retaliation

Employee dismissed following a disciplinary fails to allege sufficient facts the disciplinary action was initiated in retaliation for his suing the employer
Matter of Chiara v Wells, 2009 NY Slip Op 03516, Decided on April 28, 2009, Appellate Division, Second Department

In a separate action involving the same parties, Jeffrey Chiara sued the Town of New Castle to recover damages for alleged unlawful discrimination, disparate treatment, and hostile work environment. In that action, also decided on April 28, 2009, the Appellate Division affirmed Supreme Court?s summary dismissal of his Article 78 petition [Chiara v Town of New Castle, 2009 NY Slip Op 03470.

In this action, Chiara asked the court to review the Town?s adoption of the findings of a disciplinary hearing officer that he was guilty of five charges of misconduct and hearing officer?s recommendation that he be terminated from his position as a motor equipment operator with the Town.

Although Chiara contended that New Castle had filed the disciplinary charges against him in retaliation for his initiating a lawsuit against the Town of New Castle and the Town Administrator alleging violations of the State?s Human Rights Law, the Appellate Division said that Chiara had failed to allege sufficient facts to show that the disciplinary charges filed against him were brought in retaliation for his suing the Town.

In contrast, the court said that the determination that Chiara was guilty of misconduct was supported by substantial evidence in the record and, further, the penalty of dismissal was not so disproportionate to the charges of misconduct for which he had been found guilty as to be ?shocking to one's sense of fairness.?

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03516.htm

Full post as published by New York Public Personnel Law on May 06, 2009 (boomark / email).