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May 13, 2011

Employee terminated for making false statements in his application for employment

Employee terminated for making false statements in his application for employment
Tezeno v City of Watertown Municipal Civil Service Commission, 37 AD3d 1122

The City of Watertown Municipal Civil Service Commission, after finding that Elijah Tezeno, a City of Watertown Firefighter, had “intentionally made false statements of material fact in his applications” for employment, removed him from his position with the City.

The Appellate Division sustained the Commission’s action, commenting that:

The false statement made in petitioner's firefighter application alone constitutes a violation of Civil Service Law §50(4)(f); and

The penalty of termination is not so disproportionate to the offense as to be shocking to one's sense of fairness, citing Pell v Board of Education, 34 NY2d 222.

The decision is posted on the Internet at:
http://nypublicpersonnellawarchives.blogspot.com/2007/02/disqualification-for-making-false.html


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New York Public Personnel Law. Email: publications@nycap.rr.com