Employee who failed to attend administrative disciplinary hearing tried in absentia
OATH Index #871/12
The employee failed to appear at the disciplinary hearing and the employer proceed to established charges alleging various acts of misconduct and, or, insubordination in absentia.*
OATH Administrative Law Judge Alessandra F. Zorgniotti noted that these acts, as well as the employee’s responses when questioned about them, demonstrated that the employee refused to acknowledge his supervisor’s authority over him and would not change his ways.
Notwithstanding the fact that the employee had never previously been served with disciplinary charges, Judge Zorgniotti recommended termination of employment.
* Courts have held that the employer may proceed with the disciplinary action even though the employee is not present. The hearing may proceed and the employee tried in absentia provided the appointing authority made a diligent effort to contact the employee to inform him or her that the disciplinary hearing had been scheduled and would take place even if he or she did not participate.
The decision is posted on the Internet at:
http://archive.citylaw.org/oath/12_Cases/12-0871.pdf