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June 5, 2012

Employee terminated after being found guilty of deliberately striking his superior with a duffel bag

Employee terminated after being found guilty of deliberately striking his superior with a duffel bag
Human Resources Administration v. Power, OATH Index No. 879/12

OATH Administrative Law Judge Ingrid M. Addison sustained charges Civil Service Law §75 charges alleging that an agency employee deliberately struck his supervisor with his heavy duffel bag and continued walking without stopping even though the supervisor was pinned to the wall.

Judge Addison recommended dismissal of two charges [1] that the individual intimidated a co-worker by staring through her office window and [2] that he failed to evacuate the building as directed by building security, finding the proof insufficient to establish guilt of the misconduct alleged.

The ALJ recommended that the employee be terminated based on the charges found to have been proven in the course of the disciplinary hearing. 

The Commissioner adopted the Administrative Law Judge’s findings and recommendation, dismissing the employee from his position with the agency.

The decision is posted on the Internet at:

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