As the result of recent unauthorized intrusions into NYPPL by "unknown parties," New York Public Personnel Law has removed its posting of summaries of court and administrative decisions and rulings from the Internet and has replaced NYPPL with an alternative resource -- the New York Public Personnel Law Database.

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Examples of issues addressed in decisions summarized during a random six month period

A provisional employee's right to a permanent appointment is limited

Abandonment of a position in the public service

Ability to perform light duty permits discontinuation of GML Section 207-c benefits

Accepting gratuities for performing official duties

Accepting job with a vendor while reviewing invoices submitted by the same vendor not permitted

Administrative adjudications

Age discrimination

ALJ rejects inmate testimony as unreliable in proving disciplinary charges

An ambiguity in a settlement agreement resolved against the drafter of the agreement

Annual performance evaluation procedure

Anticipating eligibility in promotion test

Appeal of T.W. from action of the Board of Education filing disciplinary charges against him

Applicant failing to meet deadline for teaching certificate must meet new standard

Application for retroactive credit/membership in the NYS Employees’ Retirement System based on uncompensated service rejected

Applying statutory presumptions in resolving a workers’ compensation claim

Applying the “Rules of Evidence” in arbitration proceedings

Appointment from a preferred list

Arbitration award can being vacated only if shown to be irrational, violative of strong public policy or exceeds the arbitrator’s powers

Arbitrator fines rather than fire a teacher following her successful treatment for substance abuse

Arbitrator’s misconduct must be demonstrated by clear and convincing proof

Arbitrator’s ruling employee worked “out-of-title” does not violate public policy

Assigning exclusive bargaining unit work to non-unit workers subject to negotiation

Back pay award excluded in determining employee’s retirement allowance

Back pay award is based on salary of position to which employee was demoted

Barring a former employee from property

Bringing discredit on the employer

CBA may not require an employee to waive the right to sue in a federal forum

Certain demands for records related to an investigation to be honored

Changing the terms and conditions of employment

Chronic lateness disqualifying misconduct for Unemployment Insurance purposes

City did not violate FLSA by requiring employees to carry official records while commuting between home and work

City's pre-employment drug testing requirement unconstitutional for non-safety-sensitive library position

Commissioner of Human Rights may not order employee’s permanent appointment

Concerning Civil Service Law §75; Education Law §3020-a; and Taylor Law contract disciplinary procedures

Concerning CSL Section 71 and GML Sections 207-a and, or, 207-c

Confidential “warning memorandum” sent to employee

Considering past practice in determining an arbitration award

Constructive dismissal

Contempt proceeding used to enforce a court order directing reinstatement

Contract grievance procedure held inapplicable in Article 78 disciplinary appeal

Contracting out work performed by employees in a negotiating unit

Contracting with consultants

Correction officers disciplined for associating with the Outlaws Motorcycle Club

Court hold that the terms of a collective bargaining agreement permits employee organization to demand arbitration of a grievance on behalf of retiree

Court of Claims lacks jurisdiction to review back pay administrative decision

Court review of university decisions concerning the appointment of faculty limited

Courts do not sit as super personnel departments

Courts will not defer to agency’s "expertise" when resolving pure questions of law

Credibility of witness

Credit for leave paid by employer in workers’ compensation benefit claim

Criminal record of an applicant not an automatic bar to appointment

D.C. Circuit issues major decision holding health benefits for future retirees is a mandatory subject

Deferring imposing a disciplinary penalty equivalent to disciplinary probation

Denial of a “materially more advantageous” position may constitute an adverse employment action for the purposes of Title VII

Designation of a disciplinary hearing officer

Disciplinary action claimed filed with malice

Disciplinary dismissal not discrimination

Disciplinary penalty of termination vacated as “shocking to one’s sense of fairness”

Disciplinary rulings and penalty recommendations by OATH administrative law judges

Disciplinary settlement payment not annual salary for retirement purposes

Discipline settlements

Discontinuing Section 207-a salary supplement paid to retired firefighter not authorized by statute

Dismissal and workers' compensation leave

Distinguishing between “confidential employees” and “confidential positions”

Distinguishing between a “traineeship” and a “probationary period”

Division of Human Rights to determine validity of a “release” signed by an employee alleging unlawful discriminatory practice

DOL Issues Temporary Mandatory FMLA Poster Addressing Military Family Leave Amendments

Drafting disciplinary charges

Due process and negotiated agreements

Due process requirements - filing an employer’s application for disability retirement

Election of remedies

Employee acquitted of criminal and disciplinary charges entitled to back pay

Employee disciplined for off-duty misconduct

Employee on medical leave terminated because of an unacceptable personal risk to himself and safety concerns for others

Employee organization status

Employee received all retirement and salary benefits upon ordered military service

Employee sues public employer for alleged malicious prosecution

Employee terminated after accessing pornographic material using employer’s computer

Employee terminated after being found guilty of soliciting and accepting a gratuity

Employee terminated after violating terms of disciplinary probation

Employee terminated following a disciplinary hearing conducted in absentia

Employee ultimately terminated not entitled to back salary for the period when the penalty to be imposed was being reconsidered

Employee who resigned rather than face disciplinary action denied unemployment insurance benefits based on “disqualifying misconduct”

Employee’s physician permitted to testify at Workers’ Compensation Law hearing

Employee’s representative barred from the employee’s psychological examination

Employee's complaint that her union refused to pursue a grievance to arbitration dismissed by PERB

Employees may be personally liable for employment discrimination under New York law

Employees of a non-for-profit working in “before school” and “after school” childcare programs serving public school districts are not employees of an

Employees who wrote critical letter engaged in protected activity and his termination was an unfair labor practice

Employer cannot impose a disciplinary penalty not provided for by statute or by its own rules or written policies

Employer cannot make unauthorized deductions

Employer cannot require that employee waive rights under a collective bargaining agreement without notice to union

Employer found to have unlawfully discriminated against employee because of age to pay back salary and an award for mental anguish and humiliation

Employer not entitled to diagnosis in FMLA medical certification

Employer seeks reimbursement for §207-c benefits paid to injured police officer

Employer to provide provisional employee with name-clearing hearing

Employment-at-will status defeats claim of having a property interest in continued employment

Engaging in governmental service distinguished from public employment

Evaluating conflicting testimony

Excessive absence evidence that individual cannot perform the duties of the position

Exclusive unit work

Executive secretary not covered under Title VII by virtue of the personal staff exemption

Exhaustion of administrative remedies

Failure to name a necessary party requires the dismissal of the appeal

Failure to use available administrative remedy bars lawsuit involving the same issue

False entries on employee’s time card

Falsifying time record

Federal court does not have jurisdiction in cases involving public sector unions

Federal court rules city’s residence requirement for firefighters constitutional

Filing letters critical of an employee in the employee’s personnel file

Filling vacancies on an elected Board

Firefighter terminated after making false statements under oath to tell the truth

FMLA does not support retaliation claim based on association with employee who opposed unlawful practices

Former teacher found to lack standing to challenge policy regulating teacher speech

Global positioning device used to prove employee falsified records

Global Positioning System data used as evidence in disciplinary hearing

Grades will no longer be used to evaluate teachers for tenure

Grant of leave was illusory where employee was required to perform full duties while on intermittent FMLA Leave

If an arbitrator makes a disclosure, is he then required to recuse himself if a party objects?

Imposing a disciplinary penalty

Inability to get along with co-workers

Individual’s lacked remorse considered a factor in setting a disciplinary penalty

Initiating disciplinary action

Injured police officer allowed to file GML Section 205-e complaint

Injury incurred on shift conducting personal business not covered by workers’ compensation

Injury resulting from “self-help” held not to constitute an accident

Jarema credit

Joint employers

Judicial review of staffing changes

Law office failure results in a default judgment against the NYC Teachers’ Retirement System

Lawyers and law students beware. lying on employment application may be cause for discipline

Light duty performed for more than two years sets standard for the purposes of evaluation for disability retirement

Limit on questioning by hearing officer

Medical disqualification for public employment

Membership in a public retirement system

Michigan federal court issues important reverse affirmative action decision upholding state constitutional amendment banning affirmative action

Mismanaging of financial accounts

Month-long condition failed to establish FMLA-covered chronic serious health condition

Neglect of duty

Negotiated disciplinary procedures

New Jersey enacts law permitting employees to purchase family medical leave “insurance”

New York City employee dismissed for not having a residence in New York City

Nonmandatory subjects of collective bargaining and interest arbitration

NY PERB holds notices of claim are no longer required in improper practice cases against Boards of Education

NYC Civil Service Commission reinstates probationer without back salary

NYSERS retirement benefits available to member’s same-gender marriage spouse

One-year statute of limitation controls in unlawful discrimination suit against school

Only employees sued for performing official duties are entitled to indemnification

Only matters covered by a collective bargaining agreement are subject to adjudication through the contract grievance procedure

Participation of the appointing authority in a disciplinary proceeding

Parties cannot agree to waive the statute of limitations

Paying for a criminal defense

Payroll deductions

Police officer removed from his position following is conviction of a crime involving conduct in violation of his oath of office

Police officers’ applications for reinstatement after conviction reversed rejected

Political activities by public officers and employees and the Hatch Act

Polygraph results justify rejecting applicant for appointment as a police officer

Position classification and reclassification decisions not subject to arbitration

Positive test for drugs

Power of the Arbitrator

Pre-existent medical conditions may limit payment of disability insurance benefits

Probationary employee challenges the authority of Commissioner to dismiss him

Probationary employee’s probationary period extended by absences

Probationary employee’s right to a pre-termination hearing limited

Processing a Title VII complaint

Prohibitions against political influence

Proof of employee’s criminal conviction admissible in disciplinary arbitration

Providing officers and employees with representation in work-related litigation

Proving disciplinary charges

Provisional appointments

Public employee’s right to free speech yields to employer’s interest

Public School Teacher Has The Right To Send Her Child To Private School

Public worker to answer work related inquiry

Reasonable accommodation to facilitate employee's return to work from fmla leave not required

Reassignment to a lower grade position based on the employee’s “lack of integrity” distinguished from disciplinary action

Receipt of an arbitration award starts the 90-day statute of limitation for an appeal

Records supports finding that applicant was not rejected because of any disability

Refusal to report for Section 72 medical examinations

Refusal to submit to a drug test after arrest for alleged drug possession

Refusal to undergo a reasonably safe surgical procedure bars disability retirement

Reimbursement of benefits paid to a police officer pursuant to GML 207-c

Reinstatement following layoff focuses on tenure rights

Reinstatement from Section 71 leave for disability

Removing a town court judge from office

Removing members of a school board from office

Request for reconsideration does not stop the statute of limitations from running

Request for union representation

Requesting official records and the Freedom of Information Law [FOIL]

Requirement that health care provider submit medical certification directly to employer does not violate the FMLA

Resignation of a member of a three-person arbitration panel does not affect award

Retirement System’s exclusion of salary increase for retirement calculation affirmed

Safety Training for employees working on public works contracts

School bus driver denied unemployment benefits after termination for using his personal vehicle to transport students

School bus driver not entitled to unemployment during summer months

School district can refuse to hire ex-felons

Scope of arbitration

Searching an employer’s computer for evidence of employee misconduct

Second Circuit Court of Appeals recognizes association discrimination claim

Section 207-c hearing officer’s evaluation of the evidence entitled to great weight

Section 3020-a hearing officer may only impose a penalty authorized by statute

Severance pay and benefits awarded accordance with contract provisions

Some decisions concerning using civil service eligible lists

Status as head of a police department – not the individual’s title -- triggers GML 207-m benefits

Statute of limitations for disciplinary action

Statute of Limitations for discrimination claims runs from receipt notice of adverse employment action

Statute of limitations for filing an Article 78 petition not tolled by filing a grievance

Submitting a false report

Subpoena Duces Tecum

Subpoenas seeking public records and testimony by public employees

Summaries of recent Informal Opinions of the Attorney General

Supreme Court Gives Green Light for Retaliation Claims Under Two Civil Rights Statutes

Suspended employees claim for unemployment insurance benefits approved

Suspension without pay

Suspension without pay determined by “pay days” rather than “calendar days”

Teacher to be reimbursed expenses incurred in defending himself against criminal charges alleged by students

Teachers convicted of sex crimes will lose NYS teaching license

Tension between the ADA and employee misconduct

Tenure by estoppel

Termination of a probationer

Termination of an individual following his or her failure to obtain a required license deem a “provoked discharge”

Termination recommended as the penalty for the employee’s submitting fraudulent medical data

Termination recommended for employee who tested positive for marijuana

Termination recommended for manager guilty of inappropriate office conduct

Test applied by the courts in resolving challenges to a probationary termination

Testing positive for illegal drugs

The risk of using independent contractors

The Suffolk Regional OTB Corporation may not provide health benefits to its directors

Threats made in the heat of an argument a mitigating element in setting penalty

Timeliness of evidence

Title VII protects relative and friends from retaliation

To establish affirmative defense to hostile environment claim employer must take prompt remedial action

Transfer and reassignment

Transferring employees in the face of an eligible list for the vacancies held lawful

U.S. Court of Appeals, Third Circuit, holds employee of the county not covered by the Labor Management Relations Act

Unfair labor practice

Union has standing to arbitrate retirees grievances

Union’s agency shop fee procedure violates nonmembers’ First Amendment rights

Union’s duty of fair representation - refusal to process a grievance

US Court of Appeals, Third Circuit, rules city’s EMTs are eligible for overtime under the Fair Labor Standards Act

US Supreme Court holds that government offices could not function if every employment decision became a constitutional matter

Use of an agency's vehicle for personal travel

Violating workplace rules

Violation of the Ethics Law’s “lifetime bar provision” results in a $3,500 penalty

Violation of the FMLA does not support claim of intentional infliction of emotional distress

Volunteer police officers do not have any 1st Amendment right to collectively bargain or any due process rights

Workers’ Compensation benefits for injury as a participant in an “off-duty athletic event” depends of the nature of the employer’s sponsorship

Workers’ Compensation Board to determine if WCL provides exclusive remedy

Zero drug tolerance policy - mitigating circumstances

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