Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Hearing officer recommends a 70-day suspension without pay for submitting false information in connection a request for ?emergency leave?

Hearing officer recommends a 70-day suspension without pay for submitting false information in connection a request for ?emergency leave?
NYC Department of Sanitation v Joseph Nicchitta, OATH Index #799/10

A New York City sanitation worker did not contest charges that he had submitted false notes to substantiate emergency leave.

At the disciplinary hearing, the worker explained that on the days he was out he was caring for his ailing father and, in his defense, he testified that he had been too embarrassed to inform his supervisor of the situation.

OATH Administrative Law Judge Faye Lewis found that these circumstances, as well as the fact that the worker did not seek paid emergency leave for most of the time he was out and would have been entitled to take FMLA leave to care for his father, constituted substantial mitigation

Judge Lewis recommended a 70-day suspension without pay as Nicchitta?s penalty.

Full post as published by New York Public Personnel Law on March 10, 2010 (boomark / email).