Labor & Employment Law

: New York Public Personnel Law

Fraternization with subordinates

Fraternization with subordinates
Worden v Commissioner of Labor, App. Div., 252 A.D.2d 711

Craig W. Warden had been discharged from his position because he had violated the employer?s policy prohibiting fraternization by employees with their subordinates.

The Unemployment Insurance Appeals Board disqualified Warden from receiving benefits, ruling that he had lost his employment due to misconduct.

After losing in state Supreme Court, Worden appealed to the Appellate Division. The Appellate Division could not actually resolve the matter because Worden?s appeal was untimely. However, the court signaled the probable result when it stated that ?were we to consider the merits [of the appeal], we would find substantial evidence in the record to support the [Unemployment Insurance Appeals] Board?s decision.?

Fraternization is also a major issue in the military. The Department of Defense [DOD] has issued a new ?uniform? policy for all service branches addressing such activities. In essence, the policy bar all relationships between officers and enlisted personnel, even those involving personnel in different units or service branches.

One aspect of the new DOD policies may affect our ?citizen soldiers.? The new policy applies to members of the National Guard and reserve units and bars business enterprises involving officers and enlisted personnel as well as setting up other restrictions and limitations. Also of some concern is how family relations will be affected if some family members hold officer rank and others are enlisted personnel or if a married couple decide to enlist and one becomes an officer and the other does not.

Full post as published by New York Public Personnel Law on September 22, 2009 (boomark / email).