Individuals may be disqualified for employment because of misrepresentations in employment application
Martin v Marchiselli, 262 AD2d 171
Section 50.4 of the Civil Service Law authorizes the state department of civil service or the responsible civil service commission to disqualify and terminate an applicant or an employee if he or she has materially misrepresented his or her qualifications on the application form. The Martin case concerns a New York City police officer who was terminated pursuant to Section 50.4 for this reason.
The New York City Civil Service Commission found New York City police officer Kevin A. Martin unfit for such employment following a post-appointment investigation where “undisputed evidence” showed that Martin had falsified his employment application “to conceal his using a social security number not his own to obtain a second New York State drivers’ license after his first license had been revoked.”
The Appellate Division ruled that the Commission’s action was neither arbitrary nor capricious since “the evidence warranted [Martin’s] retroactive disqualification for employment ... on grounds of both fraud and unsatisfactory character.”
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- The Public Employment Law Press
- This Lawblog is prepared by NYPPL Consultants. NYPPL Consultants assist public employers, public employee organizations and attorneys in matters involving New York State public personnel law. You may contact NYPPL Consultants by e-mail at publications@nycap.rr.com
