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Labor & Employment Law

New York Public Personnel Law

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.

Post Frequency: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Litigating the Taylor Law in federal court

Posted on June 17, 2010
Litigating the Taylor Law in federal courtSchermerhorn v Metropolitan Trans. Auth. CA2, 156 F.3d 351The Schermerhorn case demonstrates that complaints that a union has breached its duty of fair representation to the members of the negotiating unit it represents must be filed within the controlling statute of limitations because the court will never reach the merits of the complaint if it is untimely filed...

Employee disciplined for driving department vehicle ?with a passenger, after hours and off-route"

Posted on June 16, 2010
Employee disciplined for driving department vehicle ?with a passenger, after hours and off-route"New York City Department of Environmental Protection v Johnson, OATH Index #1330/10OATH Administrative Law Judge Kevin Casey found that a ?311 complaint? telephoned by a citizen, Mike Cristino, corroborated by the Department?s chief inspector's investigation, was sufficiently reliable to prove that a Department water use inspector drove a department truck, with a passenger, after hours and off-route...

Tenure by estoppel

Posted on June 16, 2010
Tenure by estoppelWamsley v East Ramapo Central School District, 281 A.D.2d 633If a school board neglects to take timely action to discontinue the services of a probationary teacher or administrator, the individual will attain what is termed "tenure by estoppel...

Termination of a probationer

Posted on June 16, 2010
Termination of a probationerJohnson v City of New York, 281 A.D.2d 322Elaine Johnson, a probationary employee, challenged her termination from her position as a Caseworker with the New York City Administration for Children's Services [ACS].According to the decision, Johnson suffered a job-related injury while she was serving as a provisional Caseworker...

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Second Circuit rules failure to investigate discrimination complaint not adverse employment action

Posted on June 16, 2010
Second Circuit rules failure to investigate discrimination complaint not adverse employment actionSource: Jackson Lewis LLP. Reproduced with permission. Copyright � 2010, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com...

Withholding payment for accrued leave credits upon separation ruled permitted under the faithless servant doctrine

Posted on June 15, 2010
Withholding payment for accrued leave credits upon separation ruled permitted under the faithless servant doctrineBolin v Nassau County Bd. of Coop. Educ. Servs., 2010 NY Slip Op 31420(U), May 27, 2010, Supreme Court, Nassau County, Judge: Michele M. Woodard [Not selected for publication in the Official Reports]Is an employee entitled to payment of his or her accrued, but unused, vacation credit upon his or her resignation? Typically the answer is yes...

Whistleblower must blow the whistle to claim the whistleblower protection provided by the Whistleblower Statute, Civil Service Law �75-b

Posted on June 14, 2010
Whistleblower must blow the whistle to claim the whistleblower protection provided by the Whistleblower Statute, Civil Service Law �75-bHastie v State Univ. of N.Y. Coll. of Agric. & Tech. At Morrisville, 2010 NY Slip Op 04911, Decided on June 10, 2010, Appellate Division, Third DepartmentCivil Service Law �75-b protects an officer or employee in the event he or she reports what he or she in good faith believes is an improper governmental action to a governmental body...

Employee disciplined for failing to wear a vehicle seat belt properly

Posted on June 14, 2010
Employee disciplined for failing to wear a vehicle seat belt properlyDepartment of Sanitation v Parker, OATH Index #1923/10The New York City Department of Sanitation sought discipline against Michael Parker, a sanitation worker, for improperly wearing his seatbelt while operating a Department vehicle...

Availability of absolute or qualified privilege in judicial and quasi-judicial actions

Posted on June 14, 2010
Availability of absolute or qualified privilege in judicial and quasi-judicial actionsRosenberg v Metlife, Inc, 8 NY3d 359The Rosenberg decision provides an opportunity to explore the issue of the ?qualified immunity? and the ?absolute immunity? of individuals in the public service sued for alleged libel or slander flowing from their performance of an official duty...

Applying the confidentiality provisions of Civil Rights Law �50-a

Posted on June 14, 2010
Applying the confidentiality provisions of Civil Rights Law �50-aMatter of Crowe v Kelly, 38 AD3d 435Kieran Crowe, a New York City police lieutenant, was served with a notice of discipline setting out disciplinary charges and specifications based on allegations made by two of the sergeants he supervised...

Disciplinary action results in allegations of wrongful discharge

Posted on June 14, 2010
Disciplinary action results in allegations of wrongful dischargeCooks v NYC Transit Auth., App. Div., 289 A.D.2d 278Donald Cooks sued the New York City Transit Authority to recover damages, alleging that he was wrongful discharged from his employment because of his race...

Not all tasks performed while at work constitute the performance of official duties

Posted on June 14, 2010
Not all tasks performed while at work constitute the performance of official duties Matter of Martino v County of Albany, 47 AD3d 1052Christopher J. Martino, a correction officer with the Albany County Sheriff's Department, was injured during his shift at the visitor observation booth in the visitation area of the Albany County Correctional Facility...

The State's Pension Fund will not be raided to balance State's budget

Posted on June 14, 2010
The State's Pension Fund will not be raided to balance State's budgetStatement by New York State Comptroller Thomas P. DiNapoli?There have been a number of outrageous and unfounded rumors and erroneous press reports that I will allow a raid of the pension fund to balance the state budget...

Abuse of leave credits

Posted on June 13, 2010
Abuse of leave creditsSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Employee?s placement on involuntary administrative leave alleged to constitute defamation and infliction of emotional distress

Posted on June 11, 2010
Employee?s placement on involuntary administrative leave alleged to constitute defamation and infliction of emotional distressClark v Schuylerville Cent. School Dist., 2010 NY Slip Op 04902, Decided on June 10, 2010, Appellate Division, Third DepartmentLinda Clark, a teacher at Schuylerville Central School District, was placed on administrative leave after showing the R-rated movie Macbeth to her 10th grade class ?in violation of the [d]istrict's policy and procedures...

Where ?disability? is claimed as a defense, the individual must demonstrate a causal link between the claimed disability and the misconduct charged

Posted on June 11, 2010
Where ?disability? is claimed as a defense, the individual must demonstrate a causal link between the claimed disability and the misconduct chargedHuman Resources Administration v Anonymous, OATH Index #1242/10ALJ Faye Lewis sustained charges that an eligibility specialist used threatening, ethnically charged, and sexually explicit language in the workplace...

Certificate of relief from civil disabilities

Posted on June 11, 2010
Certificate of relief from civil disabilitiesInformal Opinions of the Attorney General, 98-50Every so often an individual seeking a position in the public service who has been convicted of a crime presents a Certificate of Relief from Civil Disabilities issued pursuant to Section 701 of the Corrections Law in connection with his or her application for appointment...

Placement of a position in the appropriate collective bargaining unit

Posted on June 11, 2010
Placement of a position in the appropriate collective bargaining unitMatter of Malone Administrators Association, 31 PERB 3050The Malone Central School District assigned its newly established position of Special Education and Remediation Coordinator [SERC] to the collective bargaining unit represented by the Malone Federation of Teachers...

Agreeing to submit to random testing for unlawful drugs

Posted on June 11, 2010
Agreeing to submit to random testing for unlawful drugsGluck v Suffolk County Community College, Supreme Court, Ia Part 26, received January 4, 2002 [Not selected for inclusion in the Official Reports]Joshua Gluck was terminated from his position of laborer by the Suffolk Community College [SCCC]...

Final administrative determination for the purposes of determining the statute of limitations

Posted on June 10, 2010
Final administrative determination for the purposes of determining the statute of limitationsSkiptunas v State of New York, App. Div., 3rd Dept, 290 A.D.2d 868The Court of Claims Act allows an individual to sue the State, provided he or she files a timely notice of claim or a notice of intention to file a claim...

Disciplinary action initiated after employee engaged in misconduct off the job

Posted on June 10, 2010
Disciplinary action initiated after employee engaged in misconduct off the jobRivera v Farrell, NYS Supreme Court, Justice Stallman, [Not selected for inclusion in the Official Reports]From time to time an employee is served with disciplinary charges alleging that his or her off-duty conduct violated a rule or regulation of the employer...

Reading employee e-mail

Posted on June 10, 2010
Reading employee e-mailFraser v Nationwide Mutual Insurance Co., USDC, 135 F. Supp. 2d 623An employee uses his or her employer's computer equipment for personal business such as transmitting and receiving personal e-mail. Is the employee's "right to privacy" violated if the employer reviews the employee's e-mail that is stored in its computer system?District Court Judge Anita B...

Statements made in accident report prepared by the injured individual could prove crucial in claiming benefits

Posted on June 10, 2010
Statements made in accident report prepared by the injured individual could prove crucial in claiming benefitsMatter of Canonico v Kelly, 38 AD3d 444The importance of an individual filing a comprehensive accident report is demonstrated by the Canonico case...

Confrontational behavior

Posted on June 10, 2010
Confrontational behaviorHadjitheodoro v Comptroller of Public Accounts, 252 A.D.2d 709Disrespectful or confrontational behavior that persists despite repeated warnings may constitute disqualifying misconduct for the purposes of claiming unemployment insurance benefits...

Writ of mandamus granted compelling employer to pay retiree for accrued vacation credits

Posted on June 09, 2010
Writ of mandamus granted compelling employer to pay retiree for accrued vacation creditsMatter of Sabatino v Suffolk County, 2010 NY Slip Op 04797, Decided on June 1, 2010, Appellate Division, Second DepartmentFrom July 3, 1984, until December 31, 2003, Paul Sabatino II served as Counsel to the Suffolk County Legislature...

Out-of-title work Article 78 petition dismissed for failure to exhaust remedy provided in the collective bargaining agreement

Posted on June 09, 2010
Out-of-title work Article 78 petition dismissed for failure to exhaust remedy provided in the collective bargaining agreementCSEA v Groton Cent. School Dist., 2010 NY Slip Op 50982(U), Decided on June 7, 2010, Supreme Court, Tompkins County, Judge Robert C...

Rescinding a tenure appointment

Posted on June 09, 2010
Rescinding a tenure appointmentShaffer v Schenectady City School Dist., USCA2, LEXIS 20463If an appointing authority claims that it made a mistake in taking or confirming a personnel action, may it rescind the action or correct the error if the individual voices an objection? This is the underlying issue in the Shaffer case...

Arbitrator?s award vacated after being judged to violate strong public policy

Posted on June 09, 2010
Arbitrator?s award vacated after being judged to violate strong public policyNassau Co. v Sheriff?s Officers Association, Supreme Court, Nassau County, Justice Ralph P. Franco, [not officially reported]Vacating an arbitrator?s award is not an easy task...

Timely reporting of ?the accident? critical to claiming line of duty disability benefits

Posted on June 09, 2010
Timely reporting of ?the accident? critical to claiming line of duty disability benefitsMatter of Sorano v Hevesi, 38 A.D.3d 1137Debbie Sorano, a police officer for the City of Yonkers, filed an application for performance of duty disability retirement benefits based on an incident that occurred on January 18, 2001...

Distinguishing between ?constructive criticism? and a ?reprimand? in the nature of disciplinary action

Posted on June 08, 2010
Distinguishing between ?constructive criticism? and a ?reprimand? in the nature of disciplinary actionCohn v Board of Educ. of the City School Dist. of the City of New York, 2010 NY Slip Op 04711, Decided on June 3, 2010, Appellate Division, First DepartmentHickey v New York City Dept...

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