New York Public Personnel Law: Call “911” for assistance when an individual assaulted a fellow worker did not constitute misconduct under the circumstance

March 19, 2012

Call “911” for assistance when an individual assaulted a fellow worker did not constitute misconduct under the circumstance

Call “911” for assistance when an individual assaulted a fellow worker did not constitute misconduct under the circumstance

NYC Human Resources Administration, OATH Index #314/12

OATH Administrative Law Judge Ingrid M. Addison found that the employee's calling 911 following a client's physical assault of an HRA security officer did not constitute misconduct.

However, the employee’s shouting at his director within the earshot of clients was misconduct.

Because the entire incident was tense and highly charged, and employee acted out of concern for his colleagues, Judge Addison recommended that the employee be suspended without pay for two days.

The decision is posted on the Internet at:

http://archive.citylaw.org/oath/12_Cases/12-314.pdf

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