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Labor & Employment Law
: New York Public Personnel LawFocus of cases summarized January - June 2008
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Focus of cases summarized January - June 2008
Click on the title to access the summary published in New York Public Personnel Law
A provisional employees right to a permanent appointment is limited
Abandonment of a position in the public service
Ability to perform light duty permits discontinuation of GML Section 207-c benefits
Absence during a probationary period
Accepting gratuities for performing official duties
Accepting job with a vendor while reviewing invoices submitted by the same vendor not permitted
Accident report prepared by individual could prove crucial in claiming benefits
Administration of the Civil Service Law
Agreeing to a disciplinary suspension without pay
Agreeing to submit to random testing for unlawful drugs
ALJ rejects inmate testimony as unreliable in proving disciplinary charges
Alter Medical Certification, Lose FMLA Protections
Suspension without pay determined by ?pay days? rather than ?calendar days?
Alternatives to Section 75 disciplinary procedures
An ambiguity in a settlement agreement resolved against the drafter of the agreement
An appeal to the Commissioner of Education must show a clear legal right to the relief sought
Annual performance evaluation procedure
Anticipating eligibility in promotion test
Appealing a Section 75 settlement agreement
Applicant failing to meet deadline for teaching certificate must meet new standard
Applicant has the burden of proving wrongful denial of employment
Applying statutory presumptions in resolving a workers? compensation claim
Applying the ?Rules of Evidence? in arbitration proceedings
Applying the confidentiality provisions of Civil Rights Law §50-a
Applying the terms of a disciplinary settlement agreement
Appointing authority?s rejection of the hearing officer?s recommendation rejected
Appointment from a preferred list
Appointment from a preferred list
Arbitration award modified after arbitrator found to have exceed his authority
Arbitration award vacated pursuant to the ?public policy exception?
Arbitrator fines rather than fire a teacher following her successful treatment for substance abuse
Arbitrator?s award vacated after being judged to violate strong public policy
Arbitrator?s misconduct must be demonstrated by clear and convincing proof
Arbitrator?s misconduct must be demonstrated by clear and convincing proof
Arbitrator?s ruling employee worked ?out-of-title? does not violate public policy
Asking for a kiss found to be unprofessional conduct
Assigning exclusive bargaining unit work to non-unit workers subject to negotiation
Availability of absolute or qualified privilege in judicial and quasi-judicial actions
Back pay award excluded in determining employee?s retirement allowance
Back pay award is based on salary of position to which employee was demoted
Barring a former employee from property
Binding arbitration proposals raised in the course of collective bargaining
Bringing discredit on the employer
Car Failure is Not an FMLA-Covered Serious Health Condition
CBA may not require an employee to waive the right to sue in a federal forum
Certain demands for records related to an investigation to be honored
Certain demands for records related to an investigation to be honored
Certificate of relief from civil disabilities
Certification of the eligible list and the rule of three [Civil Service Law Section 61.1]
Challenging a change in the work schedule
Challenging the abolishment of a position in the public service
Changing the terms and conditions of employment
Chronic health condition not always a disability within the meaning of the ADA
Chronic lateness disqualifying misconduct for Unemployment Insurance purposes
Civil Service Commission overturns applicant?s disqualification for appointment
Collective bargaining agreement cannot provide provisional employees tenure
Collective bargaining designation
Commissioner of Human Rights may not order employee?s permanent appointment
Concerning CSL Section 71 and GML Sections 207-a and, or, 207-c
Conducting a private business while ?off-duty?
Conducting an administrative hearing
Confirming an arbitration award
Confirming an arbitrator's award
Confrontations with a superior
Considering past practice in determining an arbitration award
Considering statements in a brief
Contempt proceeding used to enforce a court order directing reinstatement
Continuation in position upon jurisdiction reclassification
Continued employment as a provisional
Continuing §207-c benefits if an individual refuses to perform light duty
Contract grievance procedure held inapplicable in Article 78 disciplinary appeal
Contract grievance procedure held inapplicable in Article 78 disciplinary appeal
Contracting out work performed by employees in a negotiating unit
Correction officers disciplined for associating with the Outlaws Motorcycle Club
Counseling memo placed in educator?s personnel file not a disciplinary action
Position classification and reclassification decisions not subject to arbitration
Court finds substantial evidence supports disciplinary penalty imposed by employer
Court of Claims lacks jurisdiction to hear workers? compensation benefit appeal
Court of Claims lacks jurisdiction to review back pay administrative decision
Court review of university decisions concerning the appointment of faculty limited
Court review of university decisions concerning the appointment of faculty limited
Courts Do Not Sit As Super Personnel Departments
Courts will not defer to agency?s "expertise" when resolving pure questions of law
Credibility determinations in a disciplinary hearing
Credit for leave paid by employer in workers? compensation benefit claim
Criminal record of an applicant not an automatic bar to appointment
Decision to terminate a probationer based on supervisors? reports
Declaratory rulings - collective bargaining
Defending and indemnifying employees
Deferring imposing a disciplinary penalty equivalent to disciplinary probation
Deferring imposing a disciplinary penalty equivalent to disciplinary probation
Section 75 disciplinary action not appropriate where mental disability is involved
Confidential ?warning memorandum? sent to employee
Demanding negotiations concerning changes in the employer's payroll system
Denial of tenure because of union activity
Designation of a disciplinary hearing officer
Designation of an employee as ?confidential?
Determination of negotiating exclusion is a proper subject for local legislation
Determining an appropriate penalty for misconduct
Determining if a grievance was timely filed
Determining the ?prevailing rate of wages? for positions in a negotiating unit
Determining the compensation of a village chief of police
Determining the timeliness of a grievance did not exceed the arbitrator?s authority
Disciplinary action claimed filed with malice
Disciplinary action for misconduct off the job
Disciplinary action for off-duty misconduct
Disciplinary action results in allegations of wrongful discharge
Disciplinary arbitration findings affect unemployment insurance claims
Disciplinary charges must provide information sufficient to prepare a defense
Disciplinary dismissal not discrimination
Disciplinary hearing conducted in absentia
Disciplinary hearing procedures
Disciplinary hearings held in absentia
Disciplinary penalty of termination vacated as ?shocking to one?s sense of fairness?
Disciplinary penalty reduced by court
Disciplinary penalty vacated as too harsh
Disciplinary settlement agreement may preserve one or more allegations for subsequent action
Disciplinary settlement payment not annual salary for retirement purposes
Discontinuing Section 207-a salary supplement paid to retired firefighter not authorized by statute
Discontinuing Section 207-c benefits
Dismissal and workers' compensation leave
Dismissal for misconduct bars UI benefits
Dismissal for pre-employment misconduct
Dismissal of a provisional employee
Disqualifying an applicant for appointment by a civil service commission ![]()
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Disqualifying misconduct bars unemployment insurance award
Distinguishing between ?confidential employees? and ?confidential positions? Status as head of a police department ? not the individual?s title -- triggers GML 207-m benefits
Distinguishing between a ?traineeship? and a ?probationary period?
DOL Issues Temporary Mandatory FMLA Poster Addressing Military Family Leave Amendments
Drug dependency not a disability under New York?s Human Rights Law
Due process and negotiated agreements
Due process in administrative hearings requirements
Due process requirements - filing an employer?s application for disability retirement
Employee acquitted of criminal and disciplinary charges entitled to back pay
Employee disciplined for off-duty misconduct
Employee fired for filing a fraudulent claim with his private insurance company
Employee found guilty of leaving an inappropriate voicemail message
Employee found guilty of willingly taking part in a fight
Employee organization status
Employee organization status
Matter of Connetquot Clerical Association, 31 PERB 3057
Employee personnel files used to set penalty
Employee received all retirement and salary benefits upon ordered military service
Employee sues public employer for alleged malicious prosecution
Employee terminated after accessing pornographic material using employer?s computer
Employee terminated after being AWOL for six months
Employee terminated after being found guilty of soliciting and accepting a gratuity
Employee terminated after failing to follow the employer's policy
Employee terminated after obtaining Red Cross assistance under ?false pretenses?
Employee terminated after violating terms of disciplinary probation
Employee terminated following a disciplinary hearing conducted in absentia
Employee?s performing job related ?outside work? ruled a conflict of interest
Employee?s physician permitted to testify at Workers? Compensation Law hearing
Employee?s representative barred from the employee?s psychological examination
Employee?s termination for threatening supervisor sustained by Appellate Division
Employee's complaint that her union refused to pursue a grievance to arbitration dismissed by PERB
Employees May Be Personally Liable For Employment Discrimination Under New York Law
Employees? rights upon the take-over of a BOCES program
Employer cannot make unauthorized deductions
Employer finds employee guilty of charges hearing officer found were not proven
Employer Not Entitled to Diagnosis in FMLA Medical Certification
Employer seeks reimbursement for §207-c benefits paid to injured police officer
Employer to provide provisional employee with name-clearing hearing
Employment-at-will status defeats claim of having a property interest in continued employment
Engaging in governmental service distinguished from public employment
Evaluating conflicting testimony
Excessive absence evidence that individual cannot perform the duties of the position
Executive secretary not covered under Title VII by virture of the personal staff exemption
Exhaustion of administrative remedies
Extension of the probationary period
Failure to exhaust administrative remedy bars Article 78 action
Failure to extend a contract of employment
Failure to file an appeal may not always support a claim of malpractice
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