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Recommended penalty for excessive lateness: suspensions without pay

Recommended penalty for excessive lateness: suspensions without pay
Taxi and Limousine Commission v Jones, OATH Index #2829/09
Taxi and Limousine Commission v Kupferberg, OATH Index #2828/09

In two separate cases, OATH Administrative Law Judge John Spooner found that the Taxi and Limousine Commission proved that two clerical associates were excessively late. Although the Commission sought termination, ALJ Spooner recommended suspension of 12 days without pay for Tara Jones and 16 days without pay for David Kupferberg.

In Kupferberg, ALJ Spooner rejected the Commission's request that he consider additional prior and subsequent uncharged latenesses when assessing the penalty. The ALJ explained that records of attendance problems should not serve as a vehicle for penalizing an employee for uncharged conduct.

Additionally, in Jones, ALJ Spooner found mitigation in the employee's parenting responsibilities, which caused many of her latenesses, while in Kupferberg he found mitigation in the employee's health problems.

The Jones decision is posted on the Internet at:
http://archive.citylaw.org/oath/09_Cases/09-2829.pdf

The Kupferberg decision is posted on the Internet at:
http://archive.citylaw.org/oath/09_Cases/09-2828.pdf

Full post as published by New York Public Personnel Law on August 31, 2009 (boomark / email).