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Supervisor?s acceptance of subordinate?s reason for refusing to perform an assignment defeats disciplinary action base of such refusal
Health and Hospital Corp. v Shea, OATH Index #687/09

ALJ Ingrid Addison recommended dismissal of charges stemming from the refusal of Kathleen Shea, a social worker, to see two children in the hospital's psychiatric emergency room.

Judge Addison found that Shea, refused her supervisor's request to see the children because she was engaged in other duties, and the supervisor replied to the refusal with a message that she understood and accepted it.

The ALJ held that the Center, failed to prove that Shea, was insubordinate, was derelict in her duties, failed to maintain patient safety, or engaged in unbecoming conduct.

Full post as published by New York Public Personnel Law on March 11, 2010 (boomark / email).