New York Public Personnel Law: Administrative Law Judge recommended the employee's termination as the appropriate disciplinary penalty under the circumstances

June 22, 2021

Administrative Law Judge recommended the employee's termination as the appropriate disciplinary penalty under the circumstances

New York City Office of Administrative Trials and Hearings Administrative Law Judge Kevin Casey recommended that a laboratory supervisor [Supervisor] at a New York City Hospital [Employer] be terminated from employment following a hearing on disciplinary charges filed against the Supervisor by the Employer.

Evidence in the disciplinary hearing record described more than 50 acts of misconduct spanning a 16-month period that the Employer alleged justified Supervisor being terminated from his employment at the facility.

The disciplinary charges and specification included allegations that the employee:

1. Repeatedly refusing to perform assigned tasks;

2. Falsified time-sheets;

3. Sent discourteous emails to[other] supervisors;

4. Was guilty of "excessive absence and lateness;"

5. Ignored orders;

6. Failed to attend scheduled meetings;

7. Changed shifts without approval; and

8. Had been absent without leave.

In recommending termination of Supervisor's employment, ALJ Casey noted that Supervisor had earlier been disciplined by the Employer and found guilty of charges alleging "similar misconduct."

Click HERE to access Judge Casey's decision.

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CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.