New York Public Personnel Law: Termination of employee for poor attitude and aggressive behavior recommended

July 24, 2012

Termination of employee for poor attitude and aggressive behavior recommended

Termination of employee for poor attitude and aggressive behavior recommended

Triborough Bridge & Tunnel Auth. v. Bell, OATH Index No. 1635/08

A Bridge and Tunnel Officer drew his firearm and pointed it at a customer after the customer reached into a bag during a dispute at the Queens Midtown Tunnel tollbooth.

OATH Administrative Law Judge Alessandra Zorgniotti found that the employee’s use of his firearm was reasonable but recommended his dismissal because the incident stemmed from his proven discourtesy and unexplained refusal to process the customer's toll.

The ALJ found that the respondent's significant history of customer complaints relating to his poor attitude and aggressive behavior made him a threat to public safety.

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