Tuesday, November 19, 2013

Employee demoted after being found guilty of misconduct


Employee demoted after being found guilty of misconduct
2013 NY Slip Op 07363, Appellate Division, Fourth Department

In this action an employee asked the Appellate Division to annul a determination by the appointing authority finding the employee guilty of specified acts of misconduct and demoting the employee to a lower grade position.

The court rejected the employee's claim that the appointing authority’s determination was not supported by substantial evidence, explaining that substantial evidence is "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact," citing 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176.

Further, said the Appellate Division, the penalty imposed by the appointing authority, demotion, “is not so disproportionate to the offense[s] as to be shocking to one's sense of fairness, and thus does not constitute an abuse of discretion as a matter of law."

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_07363.htm
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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