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Political activity during working hours not protected by the Labor Law

Political activity during working hours not protected by the Labor Law
McCue v County of Westchester, 57 AD3d 746

James McCue sued Westchester County seeking damages on the ground that he had been unlawfully terminated from his employment in violation of Labor Law §201-d.

Westchester County appealed Supreme Court denial of its motion for summary judgment.

The Appellate Division reversed the lower court?s determination and granted Westchester's motion for summary judgment.

The court explained that McCue contended that the County violated Labor Law §201-d(2)(a) by terminating his employment for attending a political candidate's press conference.

Although Labor Law §201-d(2)(a) makes it unlawful for any employer to discharge an individual from employment because of that individual's "political activities outside of working hours," the County made a prima facie showing of their entitlement to judgment as a matter of law by submitting proof that the political activity which allegedly resulted in McCue?s discharge took place during his "working hours" and, thus, was not a protected political activity within the scope of Labor Law §201-d(2)(a).

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09966.htm

Full post as published by New York Public Personnel Law on May 05, 2010 (boomark / email).