Labor & Employment Law

Employee misconduct

By Harvey Randall, Esq.

Employee misconduct
Kampel v Westchester County Health Care, Corp., App. Div., 2nd Dept., 286 A.D.2d 390

Robert Kampel, was served with disciplinary charges alleging excessive absences, failure to comply with the established call-in procedure to report his absences, and two incidents in which he pushed co-workers. Found guilty, Kampel was terminated from his position.

Finding that the disciplinary determination was supported by substantial evidence, the Appellate Division, citing the Pell standard, Pell v Board of Education, 34 NY2d 222, sustained the penalty imposed. The court said that dismissal was not so disproportionate to the offenses for which Kampel had been found guilty as to be "shocking to one's sense of fairness."

Full post as published by New York Public Personnel Law on March 17, 2008 (boomark / email).