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].