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Employee terminated after being found guilty of being AWOL for an extended period of time

Employee terminated after being found guilty of being AWOL for an extended period of time
NYC Department of Health and Mental Hygiene v Gertskis, OATH Index #1938/10

Polina Gertskis, an assistant chemist employed at a public health laboratory operated by the New York City Department of Health and Mental Hygiene was charged with being absent without authorization [AWOL} from her position since July 2007.

Gertskis asked to fourteen witnesses to testify that her employer, her supervisor and her union had discriminated against her on the basis of gender, sex, religion, and national origin.

OATH Administrative Law Judge Joan Salzman denied Gertskis? request, ruling that the issue of alleged unlawful discrimination had already been decided against her in federal district court and thus she could not re-litigate her discrimination in the course of her disciplinary hearing.

ALJ Salzman also determined that Gerskis? claim that she was constructively discharged from her position by the Department was also barred by the federal decisions and thus could not be tried again at her hearing before OATH.

Judge Salzman recommended that Gerskis be terminated for being AWOL.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/10_Cases/10-1938.pdf

Full post as published by New York Public Personnel Law on September 01, 2010 (boomark / email).