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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

Property interest in public employment

Posted on January 29, 2008
Property interest in public employmentRivera v Community School District 9 [NYC], USDC SDNY, Justice Stein, 145 F. Supp. 2d 302Anna Rivera, a probationary teacher employed by New York City's Community School District 9, was terminated for allegedly improperly attempting to raise her pupils' standardized test scores...

Protected activity under the Taylor Law

Posted on January 29, 2008
Protected activity under the Taylor LawMiller and NYC Board of Education, 35 PERB 3002Reeva Miller received unsatisfactory performance ratings over a number of school years, including the 1998-1999 school year. Following her receiving the 1998-1999 unsatisfactory rating, the New York City Board of Education initiated disciplinary action against Miller pursuant to Section 3020-a of the Education Law based on her unsatisfactory performance...

Using personnel records in setting a disciplinary penalty

Posted on January 29, 2008
Using personnel records in setting a disciplinary penaltyLevy v Workers' Comp. Board, App. Div., 2nd Dept. 292 A.D.2d 388In the course of conducting a hearing, Workers' Compensation Board [WCB] Administrative Law Judge Herbert L. Levy told a claimant's attorney to "shut up...

Standard used by the court in evaluating an employee?s defamation claim

Posted on January 28, 2008
Standard used by the court in evaluating an employee?s defamation claimMatter of Casale v Metropolitan Transportation Authority, 2008 NY Slip Op 00423, Decided on January 24, 2008, Appellate Division, First DepartmentNicholas Casale was termination from his position as the Authority?s Deputy Director of Security with the Metropolitan He asked the court to order [1] that the Authority give him a name-clearing hearing and [2] that the Authority reinstate him to his former position...

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Civil Service Commission reverses administrative decision disqualifying applicant for promotion examination

Posted on January 28, 2008
Civil Service Commission reverses administrative decision disqualifying applicant for promotion examinationMatter of City of New York v New York City Civil Service Commission and Esther Silver, 2006 NY Slip Op 30014(U), January 3, 2006, Supreme Court, New York County, Docket Number: 0400599/2005Esther Silver, a Sabbath observer, took a civil service examination for promotion to Associate Staff Analyst on Friday, June 8, 2001 instead of on its scheduled date, Saturday, June 9, 2001...

Lateral Transfer is Not Adverse Employment Action

Posted on January 28, 2008
Lateral Transfer is Not Adverse Employment ActionSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Termination following discipline hearing conducted in absentia upheld

Posted on January 28, 2008
Termination following discipline hearing conducted in absentia upheldChawki v New York City Department of Education, Manhattan High Schools, District 71, 2007 NY Slip Op 03177, Decided April 17, 2007, Appellate Division, First DepartmentThe New York City Department of Education (DOE) served disciplinary charges and specifications on Houda Chawki, a tenured high school teacher...

Unemployment Insurance claim rejected following resignation found not medically necessary

Posted on January 28, 2008
Unemployment Insurance claim rejected following resignation found not medically necessaryMatter of Cartarius-Macri v Commissioner of Labor, 39 A.D.3d 994Laura M. Cartarius-Macri was employed as a senior keyboard specialist at a school from September 1998 until September 2005...

An appeal to the Commissioner of Education must show a clear legal right to the relief sought

Posted on January 28, 2008
An appeal to the Commissioner of Education must show a clear legal right to the relief soughtAppeal of Edward Dyminski from action of the Board of Education of the City School District of the City of Rochester regarding employment.Decisions of the Commissioner of Education No...

Discrimination - Title VII protection from retaliation for cooperating with employer's internal sexual harassment investigation--Certiorari Granted

Posted on January 25, 2008
Discrimination - Title VII protection from retaliation for cooperating with employer's internal sexual harassment investigation--Certiorari Granted Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee, (U.S.) Source: Adjunct Law Prof Blog; http://lawprofessors...

Providing Workers? Compensation benefits to firefighters for a work-related injury

Posted on January 25, 2008
Providing Workers? Compensation benefits to firefighters for a work-related injuryMatter of Wiley v City of Watertown Fire Dept., 39 A.D.3d 975Frederick Wiley, a paid firefighter, was injured in 1981 while working for the City of Watertown Fire Department...

Challenging the abolishment of a position in the public service

Posted on January 25, 2008
Challenging the abolishment of a position in the public serviceMatter of Civil Service Employees Association., Inc., Local 1000, AFSCME, AFL-CIO v Rockland County Bd. of Coop. Educ. Servs., 39 A.D.3d 641In this appeal, the Civil Service Employees Association...

Some elements to consider in an appeal to the Commissioner of Education

Posted on January 25, 2008
Some elements to consider in an appeal to the Commissioner of EducationIn the Matter of Dania Hall and the Board of Education of the North Bellmore Union Free School, Decision of the Commissioner of Education No. 15,543The Commissioner of Education dismissed Dania Hall?s appeal challenging the Board of Education?s decision to deny her tenure and terminate her employment...

Disciplinary hearing conducted in absentia

Posted on January 25, 2008
Disciplinary hearing conducted in absentiaMatter of Burkhalter, Commissioner?s Decision 13979In most disciplinary cases a hearing will go forward even if one of the parties refuses to participate. More often than not it is the accused employee who declines to appear before the hearing officer...

Determining if a grievance was timely filed

Posted on January 24, 2008
Determining if a grievance was timely filedSocial Services Employees Union, Local 371 v City of New York, 2008 NY Slip Op 00362, Decided on January 22, 2008, Appellate Division, First DepartmentThe Appellate Division, First Department, affirmed Supreme Court?s confirmation of an arbitrator?s award dismissing the Union?s grievance on the grounds that it was untimely...

Credibility determinations in a disciplinary hearing

Posted on January 24, 2008
Credibility determinations in a disciplinary hearingSwakeen v New York City Health & Hospitals Corp., 39 A.D.3d 287Bensam Swakeen, an operating room technician employed by New York City?s Health and Hospitals Corporation [HHC], was found guilty of misconduct and suspended for 30 days without pay...

Union newsletter articles alleged to be libelous

Posted on January 24, 2008
Union newsletter articles alleged to be libelousSantiago v United Federation. of Teachers, Local 2, 39 A.D.3d 284Manuel Santiago, an assistant principal, sued a teacher [writer] who served as a union representative alleging that two articles authored by the writer that were published in a teacher union?s newsletter were libelous...

U.S. Circuit Court of Appeals, 3rd Circuit, issues a primer on FMLA notice requirements

Posted on January 24, 2008
U.S. Circuit Court of Appeals, 3rd Circuit, issues a primer on FMLA notice requirementsSource: Adjunct Law Prof Blog: http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Police chief held to have qualified immunity with respect to First Amendment violation allegations

Posted on January 24, 2008
Police chief held to have qualified immunity with respect to First Amendment violation allegationsGubitosi v. Kapica, CA2, 154 F.3d 30After a local newspaper reported that Police Officer Lori Gubitosi of the Town of Greenburgh was a lesbian, Gubitosi became reluctant to perform strip searches on female prisoners...

Preparing a defense to disciplinary charges

Posted on January 24, 2008
Preparing a defense to disciplinary chargesGuastafeste v NYC Dept. of Sanitation, App. Div., 1st Dept., 282 A.D.2d 398When an employee is served with disciplinary charges, he or she is entitled to be given information concerning such charges sufficient to permit his or her adequately preparing his or her defense [Pachucki v Walters, 56 AD2d 677]...

Demanding a letter of apology claimed to impinge on the individual?s constitutionally protected speech

Posted on January 24, 2008
Demanding a letter of apology claimed to impinge on the individual?s constitutionally protected speechWildman v Marshalltown School District, CA 8, 249 F.3d 768The general rule is that a public employee's right to free speech under the First Amendment on the job is protected with respect to speech involving matters the public interest...

Due process in administrative hearings requirements

Posted on January 24, 2008
Due process in administrative hearings requirementsGoohya v Walsh-Tozer, App. Div., 2nd Dept., 292 A.D.2d 384The Goohya decision sets out a number of pitfalls that an administrative hearing officer must avoid if his or her determination and recommendation is to survive judicial review...

Employer finds employee guilty of charges hearing officer found were not proven

Posted on January 23, 2008
Employer finds employee guilty of charges hearing officer found were not provenMatter of Thibodeau v Northeastern Clinton Cent. School Bd. of Education, 39 A.D.3d 940Northeastern Clinton Central School bus driver Michael Thibodeau was served with disciplinary charges pursuant to Civil Service Law �75 alleging misconduct, incompetence and insubordination...

Reviewing the disqualification of an applicant pursuant to Civil Service Law �50.4

Posted on January 23, 2008
Reviewing the disqualification of an applicant pursuant to Civil Service Law �50.4Hirst v Agrelo, Supreme Court, New York County Part 50E, Index #403004/06, Decided March 16, 2007, Judge William A. WetzelMartha K. Hirst, as Commissioner of the New York City Department of Citywide Administrative Services [CAS] sued the New York City Civil Service Commission after the Commission certified Joshua Agrelo as eligible for appointment as a police officer with the New York City Police Department...

Labor and Employment Law 101

Posted on January 23, 2008
Labor and Employment Law 101Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Publicizing disciplinary charges

Posted on January 23, 2008
Publicizing disciplinary chargesHendrick Hudson CSD v Falinski, App. Div., 254 A.D.2d 458The Hendrick Hudson Central School District filed disciplinary charges against elementary school principal Joanne Falinski. The charges alleged that Falinski had denied special education services to certain named students...

Paying for a criminal defense

Posted on January 23, 2008
Paying for a criminal defensePolice Benevolent Assoc. v. Vacco, App. Div., 253 A.D.2d 920Robert C. Gregory, a State Trooper, was indicted on March 23, 1995 by a Westchester County Grand Jury for the crimes of tampering with public records in the first degree, offering a false instrument for filing in the first degree, tampering with physical evidence and official misconduct...

Jarema credit and probationary service

Posted on January 23, 2008
Jarema credit and probationary serviceDecisions of the Commissioner of Education, 14,557, April 12, 2001 [MacDonald and the North Tonawanda City School District]Arthur G. McDonald served as a tenured music teacher with the Kenmore-Tonawanda Union Free School District until June 1990...

Irresistible impulse

Posted on January 23, 2008
Irresistible impulsePerry v Comm. of Labor, App. Div. 3rd Dept., 283 A.D.2d 754Readers may recall that in the 1959 movie Anatomy of a Murder actor James Stewart successfully defended an individual accused of murder on the theory his client's actions were the product of an "irresistible impulse...

Dismissal for misconduct bars UI benefits

Posted on January 23, 2008
Dismissal for misconduct bars UI benefitsMorgan v Comm. of Labor, App. Div., 3rd Dept., 291 A.D.2d 701Michael Morgan was employed as a traffic enforcement agent for the New York City Department of Citywide Administration.In the course of an investigation that followed the arrest of an individual found with a forged New York City Police Department parking permit in his possession, Morgan admitted that he had obtained the forged parking permit from a third party and that he had given it to the person who had been arrested...

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