New York Public Personnel Law: Dismissed employee entitled to back pay

November 28, 2011

Dismissed employee entitled to back pay

Dismissed employee entitled to back pay

Matter of Rider, 78 A.D.2d 856

The employee was found guilty to the charges brought against him and dismissed under Section 75 of the Civil Service Law. He had been suspended without pay upon the service of the charges and continued in that status until after the hearing and his dismissal. This involved a period of more than the 30 days suspension without pay permitted by Section 75.

The Appellate Division ruled that the employee, notwithstanding the fact that he was terminated from his position, was entitled to back pay for the period beginning 30 days after his suspension until the date of dismissal.

The court noted that this was the correct result “even though there was substantial evidence to support the finding of guilt and the fact that the penalty imposed was not excessive.”

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