October 18, 2012

Employees terminated following their "double billing" for car expense


Employees terminated following their "double billing" for car expense 
OATH Index Nos. 1125/12 & 1126/12

The New York City Department of Finance brought charges against a tax assessor and a supervisor. The Department alleged that the two workers, who were sisters, fraudulently double-billed the Department for travel expenses at times when they traveled together in the same car.

The two employees contended that their conduct was permitted by Department rules and that they were both entitled to receive reimbursements because they jointly owned two vehicles.

However, evidence showed they had repeatedly submitted false odometer readings and although the Department did not have a specific rule against sharing cars and double-billing, the sisters had been told they could not both submit an expense report when traveling together for “a car allowance.”

OATH Administrative Law Judge Kevin A. Casey found that fraud could be the basis of discipline without a specific rule, and the charges were sustained. ALJ Casey recommended termination of their employment. The appointing authority adopted the ALJ’s recommendation.

The decision is posted on the Internet at
http://archive.citylaw.org/oath/12_Cases/12-1125.pdf

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.