Tuesday, March 29, 2011
Employee suspended without pay for eight days after being found guilty of refusing to immediately comply with supervisor’s instruction
NYC Dept. of Transportation v Solli, OATH Index #2888/10 .
OATH Administrative Law Judge Kara Miller recommended dismissal of charges brought against a New York City Department of Transportation employee. .
With respect to charges involving an alleged verbal and physical altercation with a co-worker with a co-worker, Judge Miller determined that the employee, Donna Solli, attempted to avoid a confrontation with a co-worker by leaving the area. .
The co-worker, however, followed Solli to a different location and initiated physical contact. Judge Miller found that “the force used by [Solli], if any, was defensive. .
Solli was also served with a separate charge of insubordination. The Department alleged that Solli refused her supervisor’s instructions to repair a pothole.
Although Solli ultimately complied with the supervisor’s directive, Judge Miller ruled that her failure to do so promptly was misconduct. .
The ALJ recommended that the Department place Solli on suspension without pay for eight days. . The decision is posted on the Internet at:
Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:
The Discipline Book at http://thedisciplinebook.blogspot.com/
A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com
The Disability Benefits E-book: at http://section207.blogspot.com/
Layoff, Preferred Lists at http://nylayoff.blogspot.com/
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