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September 20, 2011

Employee terminated for falsifying time cards


Employee terminated for falsifying time cards
Colon v Crew, App. Div., Second Dept., 278 A.D.2d 234

A disciplinary hearing officer found Supervisor of School Maintenance Workers Jose Colon guilty of falsifying information his time card on 236 occasions within a 14-month period. The penalty imposed: dismissal.

The Appellate Division rejected Colon's appeal, finding that the determination of the hearing officer was supported by substantial evidence.

As to the penalty imposed, termination, the court said that the penalty was not so disproportionate to the misconduct as to be shocking to one's sense of fairness, citing the Pell doctrine [Pell v Board of Education, 34 NY2d 222].

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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.
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