Friday, September 30, 2011

Reconsideration for promotion does not result in eligibility for retroactive pay


Reconsideration for promotion and then being promoted does not result in eligibility for retroactive pay
Szipcek v Safir, 291 A.D.2d 269

New York City police officer Mitchell Szipcek protested his being "passed over" for promotion to sergeant. He was successful in having his advancement reconsidered and was subsequently promoted to sergeant.

Szipcek then sued, claiming that since he was actually promoted after being reconsidered, he was entitled to” make-whole relief" in the form of back pay and retroactive seniority.

The Appellate Division, First Department disagreed. It ruled that in the event of a defect in the Civil Service appointment or promotion process, the remedy is not retroactive appointment or promotion with an award of back pay but merely reconsideration for appointment or promotion after the defect in the process has been corrected. The court cited Andriola v Ortiz, 82 NY2d 320, in support of its ruling. 


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