This site is being made available pro bono for research purposes only.

A listing of case summaries by date posted is set out in the sidebar. TO SEARCH this LawBlog's more that 5,000 case summaries type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.

N.B. §22 of New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL typically follows this protocol.

NYPPL's most recent posting is set out below.

April 3, 2008

Back pay to be awarded a wrongly terminated employee upon his or her reinstatement to his or her former position


In this appeal the Appellate Division considered the question of back pay, if any, due an employee restored to the position pursuant to a court order where there is a delay in actually reinstating the individual to his or her position.

§77 of the Civil Service Law provides that an employee who was wrongfully removed from his or her position and is then reinstated to the position pursuant to a court order is to receive back pay for the period from the date of the wrongful removal to the date of his or her restoration to the payroll, less any unemployment insurance received by the individual.

If, however, there was any delay in the disciplinary proceeding caused by the accused employee, the salary otherwise payable for the period of such delay is to be deducted from the amount of back pay to be awarded the employee.

Similarly, where the accused employee has been suspended without pay as authorized by §75 of the Civil Service Law, if there is a delay in proceeding with the disciplinary hearing caused by the employee during while suspended without pay, the appointing authority may extend the period of such suspension without pay for an equal period of time.

This case involved another aspect of determining the back pay due an employee restored to his or her position pursuant to a court order: the effect of a delay in actually reinstating the individual to his or her position.

Apparently the individual was to be reinstated to his former position effective June 1, 1987. However he was not restored to the payroll until June 24, 1989. Noting that "where the 'delay in proceeding is occasioned by the conduct of the accused,' he will be denied the right to recover wages for the period involved," the Appellate Division said that there was nothing in the record indicating that the individual was responsible for the delay in restoring him to his position during the period June 1, 1987 through June 24, 1989.

Other aspects of the case involved the payment of interest and reductions in the amount of the back pay award for earnings from "outside employment" during this period.* The lower court did not award any interest on the award of back pay and, in addition, reduced the amount to be paid the individual for back salary by the amount of money he had earned in "outside employment" during the period involved.

The Appellate Division said that interest should have been awarded, citing its ruling in Kohler v Board of Education, 142 AD2d 260, and, in addition, held that the amount due the individual as back salary should not have been reduced by earning from outside employment.

* Although back pay awards are to be reduced to reflect any payments for unemployment insurance received by the individual during the period involved, in 1984 subdivision 3 of the §75 of the Civil Service Law was amended to eliminate wages from outside employment as a factor in adjusting such back pay awards [Chapter 710, Laws of 1984, effective August 3, 1984]. In contrast, §3020-a, subdivision 4.b. provides "If the employee is acquitted he or she shall be restored to his or her position with full pay for any period of suspension without pay and the charges expunged from the employment record. [See, also, §3020-a, subdivision 2. b.] 


The decision is posted on the Internet at:



NEW YORK PUBLIC PERSONNEL LAW ELECTRONIC HANDBOOKS

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State. For more information click on http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

Disability Benefits for fire, police and other public sector personnel - Addresses retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information click on http://booklocker.com/books/3916.html

The Layoff, Preferred List and Reinstatement Manual -Focusing on relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

Please Note:

Subsequent court and administrative rulings, or additions or amendments to laws, rules and regulations may have modified or clarified or vacated or reversed or otherwise have had an impact on 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, REMEMBER THAT 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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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 in this blog is presented with the understanding that the publisher, editor, contributors or members of the staff are not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.


New York Public Personnel Law Copyright© 1987 - 2020

E-mail inquiries to publications@nycap.rr.com

Text prepared by Harvey Randall except as otherwise noted. Randall, former Principal Attorney, New York State Department of Civil Service, also served as Director of Personnel for the State University System; as Director of Research, Governor’s Office of Employee Relations; and as Staff Judge Advocate General, New York Guard. He has an MPA from the Maxwell School, Syracuse University and a J.D. from Albany Law School.