Labor & Employment Law

Inappropriate, unprofessional behavior results in a 45-day suspension without pay

By Harvey Randall, Esq.

Inappropriate, unprofessional behavior results in a 45-day suspension without pay
Matter of Rosenblatt v New York City Administration for Children?s Services, 2007 NY Slip Op 04042, Decided on May 10, 2007, Appellate Division, First Department

Cheryl Rosenblatt, was employed as a caseworker by the New York City Administration for Children?s Services. She was found guilty of disciplinary charges alleging a pattern of inappropriate, unprofessional behavior disruptive of the workplace and disrespectful of both office supervisors and coworkers. The penalty imposed: suspension from her position as caseworker for 45 days without pay.

Rosenblatt appealed, only to have the findings of guilty and the penalty imposed affirmed by the Appellate Division.

The court found that ?Substantial evidence supports the findings of acts of misconduct that, as fairly summed up by the Administrative Law Judge, show a pattern of inappropriate, unprofessional behavior disruptive of the workplace and disrespectful of both office supervisors and coworkers.?

Further, said the court, it found no reason to disturb the hearing officer?s findings of credibility.

Rosenblatt contended that she was the victim of testimonial bias on the part of supervisors and coworkers whose work performance she had criticized. The Appellate Division upheld the hearing officer?s crediting the testimony of Rosenblatt?s supervisors and coworkers over that of Rosenblatt.

As to the 45-day suspension without pay imposed as a penalty, the court said it did not ?shock our sense of fairness, particularly in view of [Rosenblatt?] recent 15-day suspension for similar misconduct.

Full post as published by New York Public Personnel Law on March 06, 2008 (boomark / email).