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Thursday, October 06, 2011

Termination of an employee during a probationary period or traineeship

Termination of an employee during a probationary period or traineeship


What are the rules governing the dismissal of a person permanent appointed to his or her position during his or her probationary period?


Wednesday, July 27, 2011

Light duty assignments involving law enforcement personnel


Light duty assignments involving law enforcement personnel

This case considers the mandates of the Americans With Disabilities Act [ADA] in terms of the obligations of a law enforcement agency to keep disabled police officers in the “main stream” for the purposes of making assignments consistent with the needs of the agency and the abilities of the disabled officer.

Friday, July 22, 2011

Constructive termination


Constructive termination

It is not enough to that the individual feel stressed or frustrated by his or her job situation to claim constructive discharge. The individual must show the existence of a pattern of “intolerable conduct” to support such a claim.


Thursday, July 14, 2011

Resignation from a position in the public service must be in writing

Resignation from a position in the public service must be in writing

The ruling in this case points out the critical importance of the written resignation.


Wednesday, June 15, 2011

Reimbursing NYSHIP Medicare-eligible retirees for Medicare Part B premiums

Reimbursing NYSHIP Medicare-eligible retirees for Medicare Part B premiums

Retirees of the School District sued in an effort to recover damages for breach of contract and for a judgment declaring that they are entitled to reimbursement for money they expended for Medicare Part B premiums since reaching the age of 65. 

Wednesday, May 11, 2011

Zero tolerance drug policy

Zero tolerance drug policy

Many employers have initiated “zero tolerance” policies requiring the automatic dismissal of individuals found to have violated the policy. These “zero tolerance” policies address a number of situations that the employer views as disruptive or dangerous, the most common involving the use of drugs by employees, on or off the job.


Friday, April 15, 2011

Extending the probationary period of an individual

Extending the probationary period of an individual 

A “Juul Agreement” between an educator and his or her appointing authority extends the educator’s probationary period rather than terminate the educator at the end of his or her probationary period for not completing his or her probationary period satisfactorily. This is typically done in an effort to provide the educator with an opportunity to improve his or her performance and thereby become eligible for tenure in the position. Such an agreement, when “open, knowing and voluntary,” waives the educator’s right to claim tenure by estoppel. At the end of the extended probationary period the school district may grant or deny tenure.

Friday, March 25, 2011

Terminating of a tenured public officer without an administrative hearing

Terminating of a tenured public officer without an administrative hearing

A New York City police officer was terminated from his position without a hearing after he was convicted of a crime he committed in the line of duty and that the appointing authority deemed constituted a violation of the police officer's oath of office.

Monday, February 28, 2011

Videotape made by witnesses that observed the alleged misconduct of the employee admissible as evidence in his or her disciplinary hearing

Videotape made by witnesses that observed the alleged misconduct of the employee admissible as evidence in his or her disciplinary hearing
Employee contended that the use of “hearing videotaped statements” made by individuals who witnessed the subject incident even though they did not testify at the hearing was improper.

Friday, February 25, 2011

Tenure by estoppel

Tenure by estoppel 
A probationary administrator or teacher may attain tenure by estoppel [sometimes referred to as “tenure by acquiescence”] when a school board accepts the continued services of a teacher or administrator, but fails to take the action required by law to either grant or deny the individual tenure prior to the expiration of the administrator’s or teacher’s probationary term.

Monday, January 24, 2011

Applying for reinstatement following a §73 termination from a §72 disability leave

Applying for reinstatement following a §73 termination from a §72 disability leave

Employee was involved in an off-duty automobile accident and was placed on disability leave pursuant to §72 of the Civil Service Law. After she had been continuously absent for more than one year, the Department terminated her in accordance with the provisions of §73 of the Civil Service Law.


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