Labor & Employment Law

Limit on questioning by hearing officer

Posted on May 30, 2008
Limit on questioning by hearing officerBretton v State of New York, App. Div., 1st Dept 294 A.D.2d 226 An administrative hearing officer has great latitude in his or her conducting a hearing but there are limits as the Bretton decision demonstrates...

Employee?s objection to the introduction of a ?911 recording? in a disciplinary hearing rejected

Posted on May 29, 2008
Employee?s objection to the introduction of a ?911 recording? in a disciplinary hearing rejectedMatter of Raeshan Dockery v New York City Hous. Auth., 2008 NY Slip Op 0475, Decided on May 27, 2008, Appellate Division, First DepartmentRaesham Dockery was terminated from his employment with the New York City Housing Authority after being found guilty of disciplinary charges alleging he had violated the Authority?s policy ?against violence in the workplace...

Lawyers and Law Students Beware. Lying On Employment Application May Be Cause For Discipline

Posted on May 29, 2008
Lawyers and Law Students Beware. Lying On Employment Application May Be Cause For DisciplineSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Supreme Court Gives Green Light for Retaliation Claims Under Two Civil Rights Statutes

Posted on May 29, 2008
Supreme Court Gives Green Light for Retaliation Claims Under Two Civil Rights StatutesSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2008, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com. All rights reserved...

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The Discipline Book

Posted on May 28, 2008
The Discipline Book -- a handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees ? is now available from the BookLocker. If you win, or better yet, avoid, one lawsuit or grievance based on information found in The Discipline Book you probably will save many times its price...

7th Circuit Holds No Duty To Create a Job Under The ADA

Posted on May 28, 2008
7th Circuit Holds No Duty To Create a Job Under The ADASource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Section 207-c hearing officer?s evaluation of the evidence entitled to great weight

Posted on May 28, 2008
Section 207-c hearing officer?s evaluation of the evidence entitled to great weightMatter of John Clouse v Allegany County, 46 A.D.3d 1381, Appellate Division, Fourth Department John Clouse, an Allegany County correction officer, challenged the discontinuation of his General Municipal Law Section 207-c disability benefits...

Due process and negotiated agreements

Posted on May 28, 2008
Due process and negotiated agreementsCiambriello v Nassau County, CA2, 01-7556 The Ciambriello case involves a situation not uncommon in labor relations: a union filing a grievance on behalf certain members in the negotiating unit that adversely affects other members in the same unit...

Employee Discipline and Termination

Posted on May 27, 2008
Employee Discipline and TerminationMark Toth, Chief Legal Officer, Manpower, North America, reports that his next quarterly webinar [a seminar conducted on the Internet] is entitled How to Fire Without Getting Fired: The Legal Do?s and Don?ts of Employee Discipline and Termination...

Public School Teacher Has The Right To Send Her Child To Private School

Posted on May 27, 2008
Public School Teacher Has The Right To Send Her Child To Private SchoolSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Engaging in governmental service distinguished from public employment

Posted on May 27, 2008
Engaging in governmental service distinguished from public employmentMatter of Paul Siepierski v New York State & Local Retirement System, 46 A.D.3d 1316, Appellate Division, Third Department Paul Siepierski, a member of the New York State Employees? Retirement System, asked that the System to credit him with member service for the period December 18, 1984 through February 11, 1994...

Anticipating eligibility in promotion test

Posted on May 27, 2008
Anticipating eligibility in promotion testAutorino v Westchester County Personnel Office, 547 NYS2d 394 Eligibility for competitive class promotion examinations usually requires that the candidate have completed a specified period of permanent service in a lower grade position [see Section 52, Civil Service Law]...

Free Webinar: How to Fire Without Getting Fired

Posted on May 25, 2008
Mark Toth, Chief Legal Officer, Manpower, North America, reports that his next quarterly webinar [a seminar conducted on the Internet] is entitled How to Fire Without Getting Fired: The Legal Do?s and Don?ts of Employee Discipline and Termination. The webinar is free and will be conducted on May 28 from 11:00 a...

The Discipline Book -- a handbook

Posted on May 25, 2008
The Discipline Book -- a handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees ? is now available from the BookLocker. If you win, or better yet, avoid, one lawsuit or grievance based on information found in The Discipline Book you probably will save many times its price...

Employee who resigned rather than face disciplinary action denied unemployment insurance benefits based on ?disqualifying misconduct?

Posted on May 23, 2008
Matter of Riley v Commissioner of Labor, 2008 NY Slip Op 04588, Decided on May 22, 2008, Appellate Division, Third Department The Unemployment Insurance Appeal Board rejected Kristine E. Riley?s application for unemployment insurance benefits after finding that she was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct...

Public School Teacher Has The Right To Send Her Child To Private School

Posted on May 23, 2008
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reservedBarrow v...

Proof of employee?s criminal conviction admissible in disciplinary arbitration

Posted on May 23, 2008
Matter of State of New York Off. of Mental Health v New York State Correctional Officers & Police Benevolent Assn., Inc., 46 A.D.3d 1269, Appellate Division, Third Department In June 2004, Taras Neznanyj, an employee of Office of Mental Healt [OMH], was arrested on charges of assault in the third degree and official misconduct for allegedly slapping and punching a patient at one of OMH?s facilities...

Probationary employee?s probationary period extended by absences

Posted on May 22, 2008
Probationary employee?s probationary period extended by absencesMatter of Ian Garnes v Kelly, 2008 NY Slip Op 04566, Decided on May 20, 2008, Appellate Division, First Department Following his termination while serving as a probationary police officer, Ian Garnes sued in an effort to have his dismissal annulled and be given a ?name-clearing? hearing...

Two-Year Gap Between Last Use of

Posted on May 22, 2008
Two-Year Gap Between Last Use of FMLA Leave And Current Request Insufficient to Break Linkage for Employee Notice PurposesSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2008. All rights reserved by Carl C. Bosland, Esq...

Paying for a criminal defense

Posted on May 22, 2008
Paying for a criminal defensePolice Benevolent Assoc. v. Vacco, App. Div., 253 A.D.2d 920 Robert C. Gregory, a State Trooper, was indicted on March 23, 1995 by a Westchester County Grand Jury for the crimes of tampering with public records in the first degree, offering a false instrument for filing in the first degree, tampering with physical evidence and official misconduct...

Probationary employee?s probationary period extended by absences

Posted on May 21, 2008
Probationary employee?s probationary period extended by absencesMatter of Ian Garnes v Kelly, 2008 NY Slip Op 04566, Decided on May 20, 2008, Appellate Division, First Department Following his termination while serving as a probationary police officer, Ian Garnes sued in an effort to have his dismissal annulled and be given a ?name-clearing? hearing...

"Associational" Discrimination Claims a Growing Concern for Employers

Posted on May 21, 2008
"Associational" Discrimination Claims a Growing Concern for EmployersSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2008, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com. All rights reserved. Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex or national origin...

Correction officers disciplined for associating with the Outlaws Motorcycle Club

Posted on May 21, 2008
Correction officers disciplined for associating with the Outlaws Motorcycle ClubPiscottano v. Murphy, 511 F.3d 247 Connecticut state correctional officers discipline for associating with the Outlaws Motorcycle Club. [According to the Circuit Court?s decision, membership in the organization include the requirement that ?[f]or a period of at least 6 months, the probate officially is evaluated for membership and may be asked to perform some illegal activity to prove his loyalty? and that the Correction Department viewed such association a violation of its regulations prohibiting its employees from ?[e]ngaging] in conduct that constitutes, or gives rise to, the appearance of a conflict of interest,? and ?[e]ngag[ing] in unprofessional or illegal behavior, both on and off duty, that could in any manner reflect negatively on the Department of Correction...

Excessive absence evidence that individual cannot perform the duties of the position

Posted on May 21, 2008
Excessive absence evidence that individual cannot perform the duties of the positionDep?t of Transportation v. Anonymous, OATH Index No. 260/08 In a disability proceeding pursuant to section 72 of the Civil Service Law, ALJ John Spooner found that an employee was unfit to perform the duties of his position due to a physical disability...

Back pay award excluded in determining employee?s retirement allowance

Posted on May 21, 2008
Back pay award excluded in determining employee?s retirement allowanceMatter of Yovino v New York City Employees? Retirement System, 18 Misc.3d 1105(A), Supreme Court, Kings County This case concerns an aspect of a disciplinary action rarely encountered: What is the impact of an award of back salary as a result of a successful appeal of a disciplinary determination insofar as the calculation of the individual?s retirement allowance is concerned? Michael Yovino challenged New York City Employees? Retirement System?s [CERS] determination that his annual retirement allowance is $35,984...

Discontinuing Section 207-a salary supplement paid to retired firefighter not authorized by statute

Posted on May 20, 2008
Discontinuing Section 207-a salary supplement paid to retired firefighter not authorized by statuteMatter of Lance McGowan v Fairview Fire Dist. v Fairview Fire District, 2008 NY Slip Op 04522, Decided on May 13, 2008, Appellate Division, Second DepartmentIn deciding McGowan v Fairview Fire District, the Appellate Division distinguished between the status of an ?active duty firefighter? receiving benefits pursuant to Section 207-a of the General Municipal Law and a ?retired firefighter? receiving benefits pursuant to that statute...

11th Circuit Holds Cause of Action Stated For Sexual Harassment Even Though Plaintiff Was Not The Target of Language

Posted on May 20, 2008
11th Circuit Holds Cause of Action Stated For Sexual Harassment Even Though Plaintiff Was Not The Target of LanguageSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H...

Individual?s lacked remorse considered a factor in setting a disciplinary penalty

Posted on May 20, 2008
Individual?s lacked remorse considered a factor in setting a disciplinary penaltyMatter of Binghamton City School District v Peacock, 46 A.D.3d 1042, Appellate Division, Third Department In a prior case involving the same parties, (Peacock I, 33 AD3d 1074, appeal dismissed, 8 NY3d 840), the court vacated the Education Law Section 3020-a penalty imposed on Brian Peacock by the Hearing Officer, ruling that ?the one-year suspension of [Peacock], a tenured teacher, for his grossly inappropriate relationship with a 16-year-old female high school student violated a strong public policy...

Employee?s physician permitted to testify at Workers? Compensation Law hearing

Posted on May 20, 2008
Employee?s physician permitted to testify at Workers? Compensation Law hearingMatter of Heather D. VanDam v New Paltz Central School District, 46 A.D.3d 1194, Appellate Division, Third Department, The Workers? Compensation Board affirmed a determination by one of its administrative law judges rejecting the claim of Heather D...

Termination recommended for manager guilty of inappropriate office conduct

Posted on May 20, 2008
Termination recommended for manager guilty of inappropriate office conductHuman Resources Admin. v. Reaves-Cain, OATH Index No. 1718/07 ALJ Kevin F. Casey recommended termination of an administrative manager charged with discourtesy, inappropriate language, obscene gestures and sexual harassment...

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