Employee served with disciplinary charges alleging the use of aggressive language and expletives and creating a disturbance at the workplace

An employee [Defendant] of a New York City agency was alleged to have had a physical encounter with a co-worker involving the use of "aggressive language and expletives" and creating a disturbance that required the New York City Police Department [NYPD] having to be called to the work site.

Responding to the call, NYPD personnel determined that the matter "should be handled in-house," resulting the appointing authority subsequently serving administrative disciplinary charges against the Defendant.

After the required disciplinary hearing, New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge Ingrid M. Addison determined that the Defendant was guilty of having created a disturbance in the workplace resulting in wasting City resources in violation of the agency’s Code of Conduct.

The ALJ, finding that there was no mitigating circumstances with respect to the Defendant's misconduct, recommended that the appointing authority suspend the Defendant without pay for thirty days.

Click here to access Judge Addison's decision.

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A Reasonable Disciplinary Penalty Under the Circumstances 

A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances found guilty of misconduct or incompetence. 

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