Labor & Employment Law

Court finds substantial evidence supports disciplinary penalty imposed by employer

By Harvey Randall, Esq.

Court finds substantial evidence supports disciplinary penalty imposed by employer
Matter of Bernaldino Padilla v Kelly, 41 A.D.3d 271, Appellate Division, First Department

NYC Police Officer Bernaldino Padilla challenged the Police Commissioner?s determination that Padilla was guilty of refusing to obey a superior officer?s lawful order and his imposing a penalty of disciplinary probation and the forfeiture of 32 days of pay.

The Appellate Division, First Department, unanimously confirmed the Commissioner?s decision ruling that:

Substantial evidence supports the finding that petitioner failed to comply with a lawful order of a superior officer. The penalty imposed does not shock the conscience citing Matter of Rodriguez-Rivera v Kelly, 2 NY3d 776.

Full post as published by New York Public Personnel Law on March 28, 2008 (boomark / email).