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Labor & Employment Law

: New York Public Personnel Law

Name clearing hearing

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Name clearing hearing
Browne v. Employees' Retirement System, OATH Index No. 1696/08 (Aug. 26, 2008)

In a "name clearing hearing," a staff analyst, who had previously been demoted because she had allegedly "planted untruths within the managerial team regarding her romantic relationship with her" superior, sought to clear her name by disproving the accusations made by her employer. ALJ Spooner found that the analyst's testimony in her own defense was inconsistent and contradicted by the credible testimony of several of her co-workers, who testified that she was indeed involved in an affair with her supervisor while she was denying being in one. ALJ Spooner recommended that her request to clear her name by expunging the remarks attributed to her, that she lied about the relationship, be denied.

[For the full text of the decision, click on the title of the decision.]

Full post as published by New York Public Personnel Law on September 15, 2008 (boomark / email).

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