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Employee terminated after losing the license required to perform the duties of the position

By Mitchell H. Rubinstein

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Matter of New York State Off. of Children & Family Servs. v Lanterman, 62 AD3d 1109 The most significant issue in the Lanterman case concerned the result if the individual does not hold the license, certification, permit or other credential...

Full post as published by Adjunct Law Prof Blog on March 12, 2010 (boomark / email).

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Employees termination after the loss or expiration of license required to perform the duties of the position does not constitute disciplinary action

Employee terminated after losing the license required to perform the duties of the position

Termination resulting from the loss or expiration of a license required to lawfully perform the duties of the position does not constitute discipline

Termination of an individual following his or her failure to obtain a required license deem a provoked discharge

Excessive absence evidence that individual cannot perform the duties of the position

Summary termination may result if an employee fails to satisfy a qualification for employment

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