New York Public Personnel Law: Supervisor the target of employee's disrespectful and aggressive behavior

November 01, 2019

Supervisor the target of employee's disrespectful and aggressive behavior

An employee was served with disciplinary charges pursuant to §75 of the Civil Service Law alleging that he acted disrespectfully and aggressively towards his supervisor and caused disruption in the workplace. The worker denied any wrongdoing.

The appointing authority presented three witnesses who were present at the scene and all credibly testified as to employee's misconduct.

New York City Office of Administrative Trials and Hearing Administrative Law Judge Noel R. Garcia found that appointing authority proved that employee behaved in a discourteous manner towards his supervisor and caused disruption to the workplace.

The ALJ recommended that the employee be suspended without pay for ten days.

The decision is posted on the Internet at:

http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-2248.pdf

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.