May 04, 2018

Employee served with disciplinary charges alleging he was "singing on the job"


Employee served with disciplinary charges alleging he was "singing on the job"
OATH Index No. 2524/17
 
A highway transportation specialist was charged with being unfit to perform the duties of his position due to singing in the workplace and other disruptive behavior.

OATH Administrative Law Judge Joycelyn McGeachy-Kuls ruled that the appointing authority's proof was insufficient to prove the employee was unfit to perform the duties of his position.

Judge McGreachy-Kuls found that the evidence established that the employee had been "singing on the job for over 30 years," and when he was instructed to stop, he complied.

As to the other charges filed against the employee, the ALJ determined that an isolated outburst in a meeting and an unsubstantiated complaint of unsafe operation of a city vehicle were not sufficient grounds to find the employee unfit to perform his duties.

Recommending that all disciplinary charges filed against the employee be dismissed, the appointing authority adopted the ALJ's findings and recommendations and dissmissed all the charges filed against the individual.

Posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2524.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.