New York Public Personnel Law: Employee terminated for making false statements in his application for employment

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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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger 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.