ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

December 06, 2013

Termination follows employee’s refusal to participate in training in a new position


Termination follows employee’s refusal to participate in training in a new position
2013 NY Slip Op 08115, Appellate Division, First Department

Employer filed disciplinary charges against Employee alleging misconduct after Employee refused to comply with orders to participate in training for a new position after being reassigned to a different department and absenting himself from work for more than 11 months. Found guilty of the charges and specifications, Employee was terminated from his position.

The Appellate Division sustained Employer’s action, holding that substantial evidence supported its determination. The court also stated that the penalty imposed, termination, was not so disproportionate to Employee’s offense as to shock its sense of fairness, explaining that the evidence established that Employer’s requirement that Employee participate in processing training was not in excess of its authority.

In addition, the court mentioned that Employee had not observed the rule of "work now, grieve later" and that Employee had failed to show that any exceptions to the rule applied in Employee’s situation, citing Ferreri v New York State Thruway Authority, 62 NY2d 855.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_08115.htm
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.