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: New York Public Personnel LawSuspension without pay recommended for employee found guilty of using inappropriate speech
Health & Hospitals Corp. (Elmhurst Hospital Center) v. McKenzie, OATH Index No. 1239/09
OATH Administrative Law Judge Kara Miller recommended a 60-day suspension for a custodial assistant, Nukrue McKenzie, employed at the Elmhurst Hospital Center of the NYC Health and Hospitals Corporation. McKenzie was found to have spoken to a co-worker in an inappropriate manner, used offensive language in the presence of two correction officers and an inmate, and later threatened one of the correction officers.
The ALJ credited the testimony of the two correction officers, who had no motivation or reason to fabricate the incident.
Judge Miller characterized McKenzie?s testimony as ?self-serving and incredible.? She said that she found it ?it highly unlikely that [the officers] fabricated the entire incident or that they would randomly decide to start a confrontation with [McKenzie] for no apparent reason, as [McKenzie] would have this tribunal believe.?
Full post as published by New York Public Personnel Law on February 11, 2010 (boomark / email).
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