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Labor & Employment Law

New York Public Personnel Law

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.

Post Frequency: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Employee may proceed with claim based on unauthorized access to e-mail

Posted on August 26, 2009
Employee may proceed with claim based on unauthorized access to e-mailSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Work-related stress experienced by employees working at a correction facility ?normal?

Posted on August 25, 2009
Work-related stress experienced by employees working at a correction facility ?normal?Matter of D'Errico v New York City Dept. of Corrections, 2009 NY Slip Op 06262, decided on August 20, 2009, Appellate Division, Third DepartmentJohn D'Errico contended that he suffered with severe major depressive disorder with psychotic features, post-traumatic stress disorder and panic disorder with agoraphobia that he claimed resulted from his exposure to violent incidents in the course of his employment by the Department...

Employer rep at unemployment hearing was not practicing law

Posted on August 25, 2009
Employer rep at unemployment hearing was not practicing lawSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Resolving disputes pursuant to the arbitration clause set out in the the City Manger's employment contract held not against public policy

Posted on August 24, 2009
Resolving disputes pursuant to the arbitration clause set out in the City Manger's employment contract held not against public policyMatter of City of Newburgh v McGrane, 2009 NY Slip Op 51463(U), Supreme Court, Orange County, Judge Robert J. Onofry, [Not selected for publication in the Official Reports]In 2006 the City of Newburgh?s then City Council adopted a resolution authorizing the Mayor to enter into an Employment Agreement Jean-Ann McGrane as its City Manager...

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Commissioner of Education no longer has jurisdiction to determine the merits of disciplinary charges served on a tenured teacher

Posted on August 24, 2009
Commissioner of Education no longer has jurisdiction to determine the merits of disciplinary charges served on a tenured teacherAppeal of Nicola A. DeMarco from action of the New York City Department of Education regarding disciplinary charges, Decisions of the Commissioner of Education, No...

Delay of and reinstatement to a different job did not violate the FMLA

Posted on August 24, 2009
Delay of and reinstatement to a different job did not violate the FMLASource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation...

Filling a vacancy in the office of Lieutenant Governor

Posted on August 21, 2009
Filling a vacancy in the office of Lieutenant GovernorSkelos v Paterson, 2009 NY Slip Op 06265, Decided on August 20, 2009, Appellate Division, Second Department May the Governor, acting entirely on his own, select and appoint an otherwise qualified individual to fill a vacancy in the office of the Lieutenant-Governor? The Appellate Division?s answer: no, he may not...

Misusing one?s official position gain a personal advantage

Posted on August 21, 2009
Misusing one?s official position to gain a personal advantageNew York City Department of Corrections v Rodriguez, OATH Index #792/09The Administrate Law Judge found that Kathleen Rodriguez, a New York City correction officer, guilty of using her official position and title in an effort to intercede in a criminal prosecution on behalf of a personal friend and that Rodriguez attempted to use her position to gain access to unauthorized access to confidential court files...

Stay of arbitration

Posted on August 21, 2009
Stay of arbitrationCity of White Plains v Professional Firefighters Association, Local 274 I.A.F.F., 298 A.D.2d 456From time to time a party to a collective bargaining agreement [CBA] will attempt to prevent a grievance from being submitted to an arbitrator by seeking a stay of arbitration pursuant to Article 75 of the Civil Practice Law and Rules...

Employee charging employer did not appoint him because of age required to show that the employer?s reasons given for rejecting him were pretextual

Posted on August 20, 2009
Employee charging employer did not appoint him because of age required to show that the employer?s reasons given for rejecting him were pretextualSaia v Suffolk County Community College, 2009 NY Slip Op 05851, Appellate Division, Second DepartmentThe Appellate Division dismissed Robert Saia?s appeal in which he sought to recover damages for alleged discrimination in employment on the basis of age in violation of Executive Law §296, the State?s Human Rights Law...

Termination by operation of law

Posted on August 20, 2009
Termination by operation of lawMaldarelli v Doherty, 7 A.D.3d 384In some instances a public officer or employee otherwise entitled to a pretermination hearing before he or she may be dismissed is automatically removed from his or her position by operation of law without being given any "notice and hearing...

Correction officer found not guilty of failing to secure his post

Posted on August 19, 2009
Correction officer found not guilty of failing to secure his postNew York City Department of Correction v Long, OATH Index #2464/09OATH Administrative Law Judge Tynia Richard recommended dismissal of a charge that a correction officer failed to secure his post...

Political activity during working hours not protected by the Labor Law

Posted on August 19, 2009
Political activity during working hours not protected by the Labor LawMcCue v County of Westchester, 57 A.D.3d 746James McCue sued Westchester County seeking damages on the ground that he had been unlawfully terminated from his employment in violation of Labor Law §201-d...

The Top 100 Employment Law Blogs [as identified by the Delaware Employment Law Blog]

Posted on August 18, 2009
The Top 100 Employment Law Blogs [as identified by the Delaware Employment Law Blog]Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Constructive dismissal

Posted on August 18, 2009
Constructive dismissalEvans v City of New York, 2009 NY Slip Op 05832, Appellate Division, First DepartmentJohn Evans sued the City of New York alleging that [1 he suffered from a mental impairment and the City did not provide him with a reasonable accommodation in violation of the State?s Human Rights Law and [2] he had been ?constructively discharged? from his position...

Commission?s authority to determine applicant?s qualification for appointment not compromised by court order directing it to produce certain evidence

Posted on August 18, 2009
Commission?s authority to determine applicant?s qualification for appointment not compromised by court order directing it to produce certain evidenceMatter of McElligott v Nassau County Civ. Serv. Commn., 57 A.D.3d 671The Nassau County Civil Service Commission disqualified Maurice McElligott for appointment as a police officer on the ground that he did not meet the psychological requirements of the position...

Of Special Interest to School District and BOCES Administrators - School Bus Recall

Posted on August 18, 2009
Of Special Interest to School District and BOCES AdministratorsSchool Bus Recall Source: National Highway Traffic Safety Administration Office of Defects Investigation (ODI) RecallsReport Date : August 17, 2009 at 09:45 AM NHTSA CAMPAIGN ID Number: 09V328000 Vehicle Make / BLUE BIRD / ALL AMERICAN Model Year(s):2004-2010BLUE BIRD / CONVENTIONAL2004-2008 BLUE BIRD / MICRO BIRD2008-2010BLUE BIRD / VISION Manufacturer: BLUE BIRD BODY COMPANY - Mfr's Report Date: AUG 12, 2009 NHTSA CAMPAIGN ID Number: 09V328000Component: SEATS -- Potential Number of Units Affected: 37095Summary: BLUE BIRD IS RECALLING CERTAIN MODEL YEAR 2004 THROUGH 2010 ALL AMERICAN, VISION, MICRO BIRD, AND CONVENTIONAL SCHOOL BUSES MANUFACTURED BETWEEN JANUARY 30, 2003 AND MAY 7, 2009...

Answering questions during an ?investigatory interview?

Posted on August 17, 2009
Answering questions during an ?investigatory interview?New York City Human Resources Administration v Ali, OATH Index #2380/09Mahmoud Sami Ali, a staff analyst employed by the New York City Human ResourcesAdministration, had requested annual leave to attend to family matters outside of the country...

Employee terminated after making a false statement on his employment application

Posted on August 14, 2009
Employee terminated after making a false statement on his employment applicationMatter of Wilson v Town of Minerva Town Bd., 2009 NY Slip Op 06214, decided on August 13, 2009, Appellate Division, Third DepartmentThe Town of Minerva appointed Philip Wilson as a maintenance mechanic in 2001...

Suspension for 45 days without pay recommended as the penalty for a correction officer found guilty of leaving an inmate unguarded in a hospital room

Posted on August 13, 2009
Suspension for 45 days without pay recommended as the penalty for a correction officer found guilty of leaving an inmate unguarded in a hospital roomDepartment of Correction v Turpin, OATH Index #2070/09OATH Administrative Law Judge John Spooner found New York City correction officer Carlene Turpin guilty of charges that she walked off her post guarding an inmate in hospital room and left her weapon in a bathroom...

Improper Practices within the meaning of the Taylor Law ? decisions by PERB administrative law judges

Posted on August 13, 2009
Improper Practices within the meaning of the Taylor Law ? decisions by PERB administrative law judges Source: Summaries of decisions prepared by the Public Employment Relations Board City Of Plattsburgh and Plattsburgh Permanent Firemen's Association, Local 2421, IAFF...

The 30-day suspension without pay limitation set Civil Service Law §75 controls unless the employee is the cause of a delay in the proceeding

Posted on August 12, 2009
The 30-day suspension without pay limitation set Civil Service Law §75 controls unless the employee is the cause of a delay in the proceedingMatter of Ruggiero v McGrane, 2009 NY Slip Op 06026, Decided on July 28, 2009, Appellate Division, Second DepartmentJean-Ann McGrane, Poughkeepsie?s City Manager, sustained the finding that that Paul Ruggiero was guilty of certain charges of misconduct...

Termination for disrespectful conduct dual constitutes disqualifying misconduct for the purposes of claiming unemployment insurance benefits

Posted on August 12, 2009
Termination for disrespectful conduct dual constitutes disqualifying misconduct for the purposes of claiming unemployment insurance benefitsMatter of Davis v Commissioner of Labor, 2009 NY Slip Op 05922, decided on July 23, 2009, Appellate Division, Third DepartmentDeborah Davis worked as a school district secretary for approximately 2½ years...

Eligibility for ?Jarema Credit" depends on the tenure area of the earlier held tenured employment

Posted on August 11, 2009
Eligibility for ?Jarema Credit" depends on the tenure area of the earlier held tenured employmentAppeal of Julia Zalaman from action of the Board of Education of the Katonah-Lewisboro Union Free School District and Superintendent Robert J. Roelle regarding termination of employment, Decisions of the Commissioner of Education, Decision No...

Discriminating against white county managers because of their race ruled unlawful

Posted on August 11, 2009
Discriminating against white county managers because of their race ruled unlawfulBryant v Jones, U.S. 11th Circuit Court of Appeals, Docket #06-16591, Decided July 31, 2009In Ricci Et Al. V. DeStefano, USSC, No. 07?1428, decided June 29, 2009, the Supreme Court held that that race-based action taken by a public employer is prohibited by Title VII unless the employer can demonstrate, by strong evidence, that had if it had not taken such action, it would have been liable under the disparate-impact statute...

Executive order seeks to eliminate unnecessary regulatory requirements on businesses and local governments promulgated by Governor Paterson

Posted on August 10, 2009
Executive order seeks to eliminate unnecessary regulatory requirements on businesses and local governments promulgated by Governor PatersonSource: Press release issued by the Office of the GovernorGovernor David A. Paterson signed Executive Order No. 7...

Whistleblower?s complaint alleging unlawful retaliation ruled untimely

Posted on August 10, 2009
Whistleblower?s complaint alleging unlawful retaliation ruled untimelyCante v New York City Department of Education, U.S. Department of Labor Administrative Review Board Case NO. 08-012Richard Cante filed a complaint with the U.S. Department of Labor?s Occupational Safety and Health Administration (OSHA) alleging that his employer, New York City Department of Education (NYCDOE), demoted him after he complained about his supervisor illegally removing asbestos from a work site...

Dismissed probationary teacher presents evidence sufficient to require judicial review of whether termination was made in bad faith

Posted on August 07, 2009
Dismissed probationary teacher presents evidence sufficient to require judicial review of whether termination was made in bad faithLisa Capece f/k/a Lisa Grande v Schultz, 2009 NY Slip Op 51679(U), Decided on August 3, 2009, Supreme Court, Richmond County, Judge Philip G...

Commissioner of Education lacks jurisdiction to consider appeals involving FOIL, the Open Meetings Law and allegations of defamation

Posted on August 06, 2009
Commissioner of Education lacks jurisdiction to consider appeals involving FOIL, the Open Meetings Law and allegations of defamationAppeal of P.S. from action of the Board of Education of the City School District of the City of Tonawanda regarding termination of employment, Commissioner of Education Decision No...

Disciplinary suspension without pay results in the voiding of the educator?s required visa

Posted on August 05, 2009
Disciplinary suspension without pay results in the voiding of the educator?s required visaMatter of Brown v Board of Educ. of City School Dist. of City of N.Y., 2009 NY Slip Op 31687(U), July 22, 2009, Supreme Court, New York County, Docket Number: 102678/09, Judge: Eileen A...

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