Employee served with disciplinary charges alleging he was "singing on the job"
OATH Index No. 2524/17
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.
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