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November 15, 2013

Employee terminated after being found guilty of “excessive absence”


Employee terminated after being found guilty of “excessive absence”
2013 NY Slip Op 07430, Appellate Division, First Department
The Appellate Division sustained the termination of a Senior Court Officer [Appellant] employed by the Unified Court System following a disciplinary hearing. The hearing office determined that that Appellanthad engaged in misconduct by missing 197 days of scheduled work assignments in the course of a 14-month period and recommended that he be dismissed from his position.

The appointing authority adopted the findings and recommendation of the hearing officer and terminated Appellant. .

The Appellate Division sustained the appointing authority’s decision, noting that substantial evidence supported the hearing officer’s determination.

Noting that Appellant’s absences “were not caused by his psychological disorders,” court said that the penalty imposed by the appointing authority, termination, did not shock its sense of fairness, citing Dickinson v NYS Unified Court System, 99 AD3d 569.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_07430.htm
.

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