Labor & Employment Law

Employee?s termination for threatening supervisor sustained by Appellate Division

By Harvey Randall, Esq.

Employee?s termination for threatening supervisor sustained by Appellate Division
Clancy v New York City Housing Authority, 2007 NY Slip Op 04162, Decided on May 15, 2007, Appellate Division, First Department

The New York City Housing Authority dismissing Marc Clancy from his position as a caretaker after he was found guilty of threatening and using abusive language toward a supervisor. In addition, Clancy was charged, and found guilty of, making a false statement to the police.

The charges and specifications filed against Clancy alleged that he had ?threatened to ?hurt? his supervisor? because the supervisor had placed a disciplinary infraction memo in his personnel file.

The Appellate Division said that the charges were supported by substantial evidence, including (1) testimony by another Housing Authority supervisor to whom Clancy had related the threats over a cell phone; and (2) testimony by Clancy?s immediate supervisor who observed him in a rage and repeating, in part, his threats, as well as displaying violent conduct by punching a hole in a door.

The court also said that there was evidence in the record that Clancy had used abusive language to his supervisor and had made a false police report.

Full post as published by New York Public Personnel Law on March 10, 2008 (boomark / email).