Disciplinary action follows employee's disrespectful and intimidating behavior towards superiors
OATH Index No. 2307/17
A New York City job opportunity specialist [Specialist] was served with disciplinary charges pursuant to Civil Service Law §75 for allegedly having engaged in disrespectful and intimidating behavior directed towards her superiors.
The Office of Administrative Trials and Hearings Administrative Law Judge Ingrid M. Addison found that on one occasion the Specialist had "loudly confronted the director of her work location to complain about her supervisor," using inappropriate and offensive language. The Specialist also refused to leave the director’s office after she was instructed to do so.
The ALJ found that on another occasion the Specialist "snatched a document from, pointed her finger, and yelled at her supervisor."
In addition, Judge Addison found that the Specialist's employer established that the Specialist failed to follow her supervisor’s instructions on three occasions.
Considering that the Specialist had had no prior discipline action taken against her, the ALJ said "This tribunal has generally applied the principles of progressive discipline, which aims to achieve employee behavior modification through increasing penalties for repeated or similar misconduct."
Noting that the employer sought to have the Specialist suspended without pay for 35 days, ALJ Addison said that she found such a penalty "excessive" and recommended the Specialist be given a 20-day suspension without pay as the penalty for the Specialist's proven misconduct.
The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2307.pdf
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