NYPPL has summarized and posted more than 6,000 decision. Listed below are the captions of the most frequently accessed postings.
Abolishing a position for economic reasons
Absent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officer
Acquiring tenure in the position by tenure by "operation of law," sometimes referred to as tenure by estoppel or tenure by acquiesce
Actions of an employee prior to his or her promotion may properly form the basis for terminating the individual prior to the completion of his or her probationary period
Administrative due process in disciplinary actions
Administrative tribunal may not rely on evidence not in the record in arriving at its decision
Alcoholism as a defense in a disciplinary action
Amending disciplinary charges "to conform with the testimony" given by a witness in the course of the disciplinary hearing
Anatomy of an administrative disciplinary decision
Appeals to the Commissioner of Education seeking to remove members of a Board of Education for alleged misconduct or alleged neglect of duty
Applicant for performance of duty disability retirement benefits must show that his or her disability was the result of an act of an inmate
Application for retirement benefits must be timely delivered to and received by the retirement system to be operative
Applying the Pell Doctrine in a disciplinary action
Appointing authority imposed a more severe penalty than the one recommended by the hearing officer
Appointing authority’s neglecting to make a timely designation of an individual to serve in lieu of the appointing authority in a §75 disciplinary action is a fatal omission
Arbitrator's award may only be vacated by a court if it violates public policy, is irrational or it exceeds specified limitations on the arbitrator's power
Article 78 petition seeking the review of the disciplinary penalty imposed on an employee must raise an issue of substantial evidence to warrant Supreme Court’s transfer of the proceeding to the Appellate Division
Assessing the appropriate penalty to be imposed for unprofessional and disrespectful language in the workplace
Assigning law enforcement personnel to perform light duty while receiving benefits pursuant to §207-c of the General Municipal Law
Burden of proof shifts to the first responder if he or she fails to demonstrate a causative link between his or her illness and exposure to toxins at the World Trade Center
Burden of serving a proper "notice to appear" at an administrative hearing is the responsibility of the charging party
Challenging an employee's termination during his or her disciplinary probation period
Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appointing authority
Claiming exempt volunteer firefighter status for the purposes of Civil Service Law §75.1(b)
Commissioner of Education will dismiss an appeal submitted pursuant to Education Law §306, in whole or part, if there are procedural defects or omissions
Commissioner of Education will dismiss an application or appeal involving an officer and, or, a member of the staff of a school district for improper service of the complaint and, or, lack of subject matter jurisdiction.
Common procedural errors or omissions that will bar the Commissioner of Education's considering the merits of an appeal
Comptroller has exclusive authority to determine the validity of a beneficiary designation on an application for death benefits, which determination must be supported by substantial evidence
Conducting student disciplinary proceedings consistent with fundamental notions of due process is an "unwavering obligation"
Considering breaks in service in determining seniority for the purposes of layoff and reinstatement
Considering the employee's personnel history is setting a disciplinary penalty
Counseling memorandum issued to an employee
Court's review of an administrative decision made after an adversarial hearing is limited to considering if the decision is supported by substantial evidence
Credit the opinion of one medical expert over that of another medical expert when reviewing an application for disability retirement
Deficiencies in the performance review process of a probationary teacher that were not merely technical undermined the integrity and fairness of the process
Delegating the authority to make a final disciplinary decision and the determination of the penalty to be imposed to another
Demanding an employee submit his or her resignation from his or her position
Determining “continuous residency” for the purpose of qualifying for public office or employment
Determining an appropriate disciplinary penalty under the circumstances
Determining an educator's seniority for the purposes of layoff
Determining if an employee is eligible for accidental disability retirement benefits
Determining if an incident qualifies as an accident for the purposes determining eligibility for accidental disability retirement benefits
Determining seniority for the purpose of layoff and establishing an educator's position on a "preferred list" for the purpose of reinstatement
Determining the amount of the General Municipal Law §207-a (2) supplement payable to a firefighter upon his or her retirement for disability because of a work related injury or disease
Determining the appropriate procedure to be followed when filing disciplinary charges against a police officer of a town
Determining the disability benefits due a firefighter as the result of a work-related injury can be complex
Determining the impact of performing light, limited or restricted duty on applications for disability retirement benefits
Determining the status and rights of an employee in the public service terminated from his or her employment
Disciplinary action follows employee's disrespectful and intimidating behavior towards
Disciplinary actions pursuant to Education Law §3020-a processed consistent with compulsory arbitration standards
Disciplinary charges must be served on the target of the disciplinary action on or before the expiration of the period set by the controlling statute of limitations
Disciplinary hearing officer may not consider disciplinary charges and specifications not preferred against an employee
Disciplinary hearing officer permitted to "draw the strongest inferences" from the record in the event the charged individual declines to testify at his or her disciplinary hearing
Disciplinary hearing postponed “without prejudice” pending successful completion of a probationary period with another agency
Disciplinary probation
Discrepancy between the contemporaneous incident reports and the applicant’s testimony at the subsequent hearing presents a credibility issue to be resolved by the hearing officer
Doctrine of Collateral Estoppel bars relitigating an issue raised and decided by a judicial tribunal in a prior action or proceeding involving the same parties but does not bar litigating claims involving the same parties that were not previously considered in prior administrative or judicial actions
Doctrine of Legislative Equivalency defeats a Mayor’s unilateral decision to abolish a position in the civil service
Doctrine of Sovereign Immunity held to have been waived with respect to litigation challenging an arbitration award
Does the public have a right of access to a hearing concerning the removal of a member of a school board for official misconduct?
Due process consideration in the event an employee is terminated from his or her probationary period
Educator challenges the abolition of positions and the assignment of her former teaching duties to other teachers
Educator seeking to overturn an unsatisfactory annual performance rating must meet is very high standard of proof
Educator's unsatisfactory performance rating for the academic year supported by the "detailed descriptions" of educator's difficulties in the classroom in the record
Employee dismissed pursuant to §75 of the Civil Service Law for incompetency based on excessive absenteeism
Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the process
Employee may be subjected to disciplinary action for misusing his or her sick leave accruals
Employee on Workers’ Compensation Leave continues to be subject to his or her employer’s rules and regulations concerning policies applicable to all its employees
Employee penalized 60-day suspension without pay after striking a patient and failing to report the incident
Employee terminated following the loss of the license required to perform the duties of the position
Employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back pay
Employee’s continuing to accept public assistance benefits after being employed to manage public assistance benefits held incompatible with such employment
Employee’s disciplinary history for rudeness and insubordination considered in determining disciplinary penalty to be imposed
Employee’s testimony at the hearing differed from statements he gave during an investigative raised a question of credibility for the hearing officer to resolve
Employee’s use of the employer's electronic equipment - disciplinary action being taken against an employee
Employee's resignation after being found guilty of disciplinary charges forfeits his or her right to demand arbitration
Employer advanced good faith reasons supporting its decision to terminate a probationary employee
Employer's payment of employer contributions towards an employee's health insurance premiums discontinued during the employee's disciplinary suspension without pay
Employer's personnel policies may be operative with respect to its employees' conduct while its employees are "off-duty"
Employer's termination of a biologically male employee transitioning from male to female held unlawful discrimination on the basis of sex
Employment history of an employee found guilty of one or more disciplinary charges may be considered in setting the disciplinary penalty to be imposed
Essentials of challenging an employee disciplinary action where compulsory arbitration is involved
Evaluating claims of mitigating circumstances in considering challenges to the disciplinary penalty imposed by the appointing authority
Evidence that the firefighter suffered disease or malfunction of the heart as the result of his or her duties and activities required to trigger the statutory presumption set out in the Volunteer Firefighters' Benefit Law
Exceptions to the Doctrine of Exhaustion of Administrative Remedies
Exceptions to the general rule that only the union or the employer may demand that an issue be submitted to arbitration
Factual findings made in a disciplinary hearing have a collateral estoppel effect where the individual had a full and fair opportunity to litigate the alleged misconduct at that hearing
Failing to designate the individual to conduct a disciplinary hearing pursuant to §75 of the Civil Service Law in writing is a fatal jurisdictional error
Failing to provide a fair hearing requires the voiding a Civil Service Commission’s decision sustaining the termination of an employee by the appointing authority
Failure of the individual to timely execute his or her oath of office upon election to a public office results in the position becoming vacant by operation of law
Failure to comply with emergency leave regulations
Failure to honor a known policy of the employer can constitute disqualifying misconduct for the purpose eligibility for unemployment insurance benefits
Federal and State laws, rules and regulations control affecting public sector officers and employees engage in partisan political activities
Fifth Amendment's bar against “self-incrimination” does not protect an individual who lies in the course of an official inquiry
Filing disciplinary charges against an employee where the absence is due to an injury or disease
Findings of fact in support of the appointing authority’s decision to terminate an employee required to survive the employee’s judicial challenge seeking reinstatement to his or her former position.
Findings of fact made by a §75 hearing officer are given collateral estoppel effect in considering a terminated individual's application for unemployment insurance benefits
Fire district or municipal corporation may file an application for disability retirement on behalf of a firefighter receiving General Municipal Law §207-a.1 benefits
Firefighter Rule bars police officer from suing his or her employer or a coworker for injuries suffered while on duty
Forfeiture of employee retirement contributions made to a New York State
Freedom of speech
General Municipal Law §207-a(2) salary supplement becomes payable by the employer upon a firefighters retirement with accidental or line of duty disability benefits
Giving an employee a negative performance rating because the rater “didn’t have time” to rate the employee’s performance is irrational, arbitrary and capricious
Guidelines followed by courts in reviewing a challenge to a disciplinary decision made after a hearing held pursuant to compulsory arbitration
Hearing officer considers failed efforts at “progressive discipline” in setting disciplinary penalty
Hearing officer is entitled to weigh the parties' conflicting evidence and to assess the credibility of witnesses where room for choice exists
Hearsay may constitute "substantial evidence" supporting the tribunal's findings in an administrative hearing
Hearsay testimony may be admitted in evidence in an administrative hearing
History of misconduct and other factors considered by the hearing officer in recommending termination of employment
If an employee engaged in repeated acts constituting disloyalty to the employer, forfeiture of compensation and benefits is warranted under the Faithless Servant Doctrine
If the collective bargaining agreement does not set out procedures for conducting GML §207-c hearings, the employer is free to establish such a procedure unilaterally
Implementing an arbitrator's decision after the appointing authority failed to timely comply with the provisions set out in a collective bargaining agreement
Imposing a "disciplinary probation period" as part of the penalty or settlement of a disciplinary action
Imposing a greater disciplinary penalty than the one recommended by the disciplinary hearing officer
Imposing a lesser disciplinary penalty than the one recommended by the disciplinary hearing officer
Imposing multiple disciplinary penalties on an employee found guilty of misconduct
Inability to satisfactorily perform the duties of the position due to an alleged disability
Individual cannot be found guilt of misconduct not charged in the notice of discipline
Individual has no property interest in his or her former employment once he or she is discharged
Individual is disqualified from receiving unemployment insurance benefits if he or she lost his or her employment as a result of acts constituting a felony
Individual is not deemed permanently disabled if undergoing a reasonably safe surgical procedure would permit the individual to perform the duties of his or her position
Individual or organization must have “standing” in order to maintain an Article 78 action challenging an administrative decision
Individual whose position has been abolished must prove that the appointing authority abolished the position in bad faith or in an effort to circumvent the Civil Service Law
Individual wishing to withdraw or rescind his or her resignation after delivery to the appointing authority must fully comply with all relevant rules and regulations
Individual's General Municipal Law §207-c benefits may be discontinued where the decision to do so is supported by substantial evidence
Individual's retiring from his or her position to avoid disciplinary action may have unexpected consequences
Individual's right to due process is truncated if he or she is persuaded not to attend his or her administrative hearing
Injuries sustained by a trainee during a training exercise ruled the result of an accident for the purposes of claiming eligibility for accidental disability retirement benefits
Installing Global Positioning System equipment in devices use by employees during work
Insubordinate and discourteous conduct
Judicial review of a determination arrived at following a quasi-judicial hearing is typically limited to determining if the decision is supported by substantial evidence
Judicial review of determinations made after a hearing denying a police officer's application for General Municipal Law §207-c disability benefits
Lack of prior misconduct not sufficient to mitigate imposing the penalty of dismissal given the fraudulent nature of the individual’s misconduct
Lack of standing and failure to name a necessary party dooms an appeal to the Commissioner of Education
Layoff of seasonal employees constituted a termination of employment for the purposes of Public Authorities Law §2629(2)(a)
Leaving employment without good cause will disqualify an applicant for unemployment insurance benefits
Maintaining a proper chain of custody of evidence to be used in a disciplinary action
Making false statements concerning the employee's performance of his or her duties
Making false statements to investigators concerning alleged misconduct
Member service credit in the New York State Teachers' Retirement System upon the reemployment of an individual receiving a disability retirement allowance by a New
Membership in the NYS Employees’ Retirement System for 10 years is not necessarily the same as the member having 10 years of member service credit
Minor gaps and errors in the hearing transcript made at an administrative hearing did not preclude meaningful review of the hearing
Motions to have an administrative law judge recuse himself or herself from presiding at a disciplinary hearing
Name clearing hearings
Negotiating disciplinary procedures for City ofSchenectady police officers held a prohibited subject of collective bargaining
OATH Administrative Law Judge recommended dismissal of disciplinary charges after finding supervisors’ testimony was unsupported by reliable documentary evidence
OATH disciplinary hearing held in absentia
Obligation to arbitrate the matter arising through a statutory mandate set out in Education Law §3020-a requires that the arbitrator’s determination be subject to "closer judicial scrutiny."
Opening a disciplinary hearing to the public and other procedural matters addressed in an appeal to the Commissioner of Education
Optional Retirement Plan
Overtime paid to a police officer on “special-duty” for service performed for a private entity not included in determining the officer’s “final average salary” for retirement purposes
Party seeking to modify an arbitration award must comply with the relevant provisions of Article 75 of the Civil Practice Law and Rules
Penalty of dismissal recommended for an employee found guilty of violating the public trust and other disciplinary charges
Penalty of termination to “jolt” the employee to understand of the seriousness of his misconduct remanded for the imposition of a lesser penalty
Petitioner's appeal from a Board of Education's seniority determination for the purposes of layoff dismissed for failure to make "proper service" on all the parties
Placing an employee on involuntary leave pursuant to Civil Service Law §72.5
Plausibility Standard
Police confrontations with mentally impaired citizens and inmates
Police detective who did not properly discharge his duties not entitled to a defense or indemnification by the employer in a lawsuit in which he or she is a defendant
Police officer eligible to receive General Municipal Law §207-c benefits may file a claim against his or her employer pursuant to General Municipal Law §205-e
Police officer holds a position of great sensitivity and trust and is subject to a higher standard of fitness and character are "ordinary civil servants"
Police officer terminated following being found guilty of downloading and possessing child pornography
Police officer's accident disability retirement benefits are to be offset against the injured retiree's jury award for future lost earnings and pension
Police offices and firefighters applying for accidental disability retirement benefits must demonstrate that his or her incapacity was the "natural and proximate result of an accident" within the meaning of §363[a][1] of the Retirement and Social Security Law
Presumption that an accident that occurred in the course of employment arose out of that employment
Probationary employee has the burden of showing his or her termination was unlawful
Probationary employee may not be terminated in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law
Probationer challenging dismissal from the position claims to have suffered extreme emotional distress
Procedural errors to avoid in an appeal submitted to the Commissioner of Education
Procedural misstep in processing an appeal to the Commissioner of Education could result in a fatal jurisdictional defect
Procedural requirements with which a resident of a school district must comply when seeking to remove a school officer from his or her position
Processing an application for accidental disability retirement
Processing appeals to the Commissioner of Education seeking the removal of a member of a Board of Education
Proper service of the petition and notice of the petition of an appeal to the Commissioner of Education critical to the Commissioner assuming jurisdiction
Public employee's misconduct while "off-duty" may result in disciplinary action being initiated against the employee by his or her appointing authority
Public officer threatening to do something that he or she may lawfully due does not constitute coercion
Public policy prohibits an employer from bargaining away its right to remove employees meeting the plain and clear statutory requisites for termination
Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination
Redacting the name of a party in an administrative disciplinary action from the decision
Refusing to accept the resignation submitted by an employee
Rejection of a hearing officer's finding of fact and determination by the appointing authority
Removing a judge from his or her office
Removing a school official for an alleged unauthorized disclosure of confidential information
Removing a town, village, improvement district or fire district officer, other than a justice of the peace, from his or her office
Removing a volunteer firefighter from his or her position
Requiring a firefighter injured in the line of duty to accept a "light duty" assignment and where appropriate to undergo surgery
Requiring an educator submit to a medical examination to determine his or her ability to perform the duties of his or her position
Requiring employees to submit to a “dog-sniffing test” for illegal drugs
Restoration of leave credits used by employees electing to remain on the payroll while on Workers’ Compensation Leave pursuant to Civil Service Law §71
Retirement
Right to a disciplinary hearing survives the individual’s resignation or retirement from the position
Right to administrative due process not compromised by a three-year delay in conducting a disciplinary hearing and, or, other alleged procedural errors
Rule of three
Running for public office
Salary reduction upon reassignment to another position in the course of an agency reorganization is not a disciplinary action requiring notice and hearing
School Board asks the Commissioner of Education to remove the president of the school board from the position
School board member who acts on the advice of counsel will not be found to have engaged in a willful violation or neglect of duty
School board seeks to remove a sitting member from the board for alleged "official misconduct"
School district’s decision to abolish a position and have a BOCES assume performing the duties of the abolished position constitutes a “transfer of a function” within the meaning of Civil Service Law §70(2)
School employee who elected to submit an issue for resolution through a contractual grievance procedure may not appeal the same issue to the Commissioner of Education pursuant to Education Law §310
Seniority for the purposes of layoff and reinstatement from a preferred list set out in "settlement agreement"
Sick leave
Sleeping on duty
Social Security Administration’s disability determination not binding on a public retirement system of this State.
Spoliation of evidence
Statutory rights of employees of the State and political subdivisions of the State absent from work as the result of a work-related injury or disease
Stipulation of settlement cannot withdrawn from the stipulation on the basis that it had "improvidently" agreed to it
Stipulation waiving rights to a disciplinary hearing and agreement to resign from the position may not disqualify the individual for Unemployment Insurance benefits
Summarily removing public officers and employees from their positions
Summarily terminating a federal officer holding a term appointment from his or her position
Supreme Court correctly applied the Doctrine of Collateral Estoppel based on the hearing officer's determinations as to the reasons for the employee's termination
Suspension of a tenured teacher requires the board of education to serve written disciplinary charges against the teacher within a reasonable amount of time
Suspension of a tenured teacher requires the timely filing of written charges and specifications with the clerk or secretary of the board of education
Teacher fined $10,000 after subjecting student to corporal punishment
Tenure area determinations upon the abolishment of a position or positions
Tenure by estoppel
Tenured employee who resigns from his or her position and is subsequently reemployed by his or her former employer in the same title is not automatically entitled to tenure in the position
Tenured teacher unwilling to improve her pedagogical skills despite being provided with substantial assistance terminated from her position
Terminated after a disciplinary hearing, employee’s Article 78 petition dismissed because he failed to file timely Education Law §3813(1) notice of claim
Terminated educator alleges that her employer breached the employment agreement and negligently terminated her
Terminated probationary employee has the burden of demonstrating an improper basis for his or her termination
Terminating a "long-time" provisional employee
Terminating a teacher during his or her probationary period
Termination of a police officer on General Municipal Law §207-c leave under color of Civil Service Law §71
Termination of a public officer from his or her position by operation of law
Termination of employee found guilty violating patient escort procedures, being late for work, falsifying timesheets, and failing to arrive on time for assignments
Termination of employment following extended absence without approval
Termination of the employee following unsuccessful progressive disciplinary efforts did not shock the court’s "sense of fairness”
Test applied to determine if an individual is eligible for accidental disability retirement is whether he or she is permanently unable to perform the full duties of the position
Unemployment Insurance Appeal Board may reject an application for unemployment insurance benefits based on its finding the Claimant's employment was terminated due to disqualifying misconduct
Unemployment insurance benefit denied where off-duty misconduct found to breach the standards of behavior expected of an employee in consideration of his or her duties
Unless it is shown that a performance evaluation was arbitrary and capricious, or made in bad faith, the court will not substitute its judgment for that of the appointing authority
Unsatisfactory rating voided because employee's "performance review" failed to comply with the employer's own procedures and thus undermined the integrity of the process
Use of excessive and inappropriate force on juvenile residents at a facility
Use of video surveillance recording in disciplinary actions
Withdrawing a resignation delivered to an appointing authority
Zero tolerance drug policy