Tuesday, December 06, 2011

Refusal to submit to mental examination leads to termination

Refusal to submit to mental examination leads to termination
Lucheso v. Dillon, Sheriff, 80 A.D.2d 988

The appointing authority directed an employee to undergo a mental examination pursuant to “Civil Service Law Section 72” and advised the individual that “noncompliance would subject the employee to disciplinary action.”

The employee refused and was charged with violating the County’s work rule that prohibited the refusal to follow job instructions.

A hearing pursuant to Section 75 of the Civil Service Law was held and the hearing officer found the employee had not kept the scheduled medical appointment, had been involved in progressive discipline, and recommended removal. On appeal, the Appellate Division found that the record supported the determination and that the penalty of dismissal in view of the circumstances reflected in the record was not excessive nor its imposition an abuse of discretion.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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