The URL to access the decision is highlighted in COLOR
Abolishing a position for economic reasons
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17142
Absent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officer
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_04085.htm
Acquiring tenure in the position by tenure by "operation of law," sometimes referred to as tenure by estoppel or tenure by acquiesce
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_01063.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_05145.htm
Administrative due process in disciplinary actions
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_00205.htm
Administrative due process must be provided the accused employee in a disciplinary arbitration proceeding
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_03853.htm
Administrative tribunal may not rely on evidence not in the record in arriving at its decision
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_04068.htm
Admitting evidence of prior disciplinary action taken against the charged party The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2310.pdf
Alcoholism as a defense in a disciplinary action The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2417.pdf
Amending disciplinary charges "to conform with the testimony" given by a witness in the course of the disciplinary hearing
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1213-18-1215.pdf
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2019/2019_00780.htm
An ambiguity in a provision in a collective bargaining agreement may sometimes be resolved by waiving the parol evidence rule The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2019/2019_01476.htm
An employer’s unilaterally adopted policy providing health insurance benefits to employees upon retirement may be rescinded with respect to employees retiring after the effective of the rescission
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2014/2014_08686.htm
Anatomy of an administrative disciplinary decision
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_01764.htm
Appeals involving efforts to remove a member of a school board from office
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17263
Appeals to the Commissioner of Education seeking to remove members of a Board of Education for alleged misconduct or alleged neglect of duty
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17160;
See, also, http://www.counsel.nysed.gov/Decisions/volume57/d17164
Appellate Courts differ regarding the State’s reduction of its employer contribution towards health insurance premiums for certain State retirees
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2014/2014_03214.htm;
See, also, http://www.nycourts.gov/reporter/3dseries/2014/2014_07044.htm
Applicant for performance of duty disability retirement benefits must show that his or her disability was the result of an act of an inmate
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_03949.htm;
See, also, http://www.nycourts.gov/reporter/3dseries/2014/2014_03322.htm
Application for retirement benefits must be timely delivered to and received by the retirement system to be operative
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_03238.htm
Application seeking the removal of an employee of a School District The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17274
Applying the McDonnell Douglas burden-shifting inquiry protocols in adjudicating an action brought pursuant to the Americans With Disabilities Act The decision is posted on the Internet at: http://www.ca2.uscourts.gov/decisions/isysquery/f07b7692-fa5e-4753-a233-7cbc5c21bdab/2/doc/18-3282_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/f07b7692-fa5e-4753-a233-7cbc5c21bdab/2/hilite/
Applying the Pell Doctrine in a disciplinary action
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_03519.htm
Appointing authority imposed a more severe penalty than the one recommended by the hearing officer http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2230.pdf
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_03576.htm
Arbitrator rules that qualified retirees and future retirees to have the same health insurance coverage as the employer's active employees
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_08107.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_06444.htm
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
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/search?q=Article+78+petition+seeking+the+review+of+the+disciplinary+penalty+imposed+on+an+employee+must+raise+an+issue+
Assessing the appropriate penalty to be imposed for unprofessional and disrespectful language in the workplace
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17-73.pdf
Assigning law enforcement personnel to perform light duty while receiving benefits pursuant to §207-c of the General Municipal Law
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_02270.htm
Attempting to avoid disciplinary action
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05608.htm
Authority of the arbitrator
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2011/2011_05308.htm
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 activates
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_08881.htm
Burden of serving a proper "notice to appear" at an administrative hearing is the responsibility of the charging party
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2006/2006_52004.htm;
See, also, http://www.nycourts.gov/reporter/pdfs/2008/2008_31935.pdf
Challenging a decision to terminate a probationary teacher's employment
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume55/d16894
Challenging an employee's termination during his or her disciplinary probation period
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_03083.htm;
See also, https://www.leagle.com/decision/19861007122AD2d885_2320/MATTER%20OF%20TAYLOR%20v.%20CASS
Challenging the termination of a probationary teacher
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_06594.htm
Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appointing authority
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02658.htm
Claiming exempt volunteer firefighter status for the purposes of Civil Service Law §75.1(b)
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_05597.htm
Claiming the affirmative defense of "privilege"
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_01922.htm
Collective bargaining agreement may establish a vested right to a continuation of the same health coverage as a retiree enjoyed by the individual at the time of his or her retirement
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2015/2015_02617.htm
Commissioner of Education will dismiss an appeal submitted pursuant to Education Law §306, in whole or part, if there are procedural defects or omissions
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17360
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
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume56/d17002
Common procedural errors or omissions that will bar the Commissioner of Education's considering the merits of an appeal
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17239
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_00407.htm
Conducting disciplinary hearings in absentia
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1046.pdf
Conducting student disciplinary proceedings consistent with fundamental notions of due process is an "unwavering obligation"
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_05104.htm
Considering a "whistleblower" defense in a disciplinary action
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-2055.pdf
Considering breaks in service in determining seniority for the purposes of layoff and reinstatement
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_05657.htm
Considering the employee's personnel history is setting a disciplinary penalty
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03755.htm
Constructive discharge from the position as the result of unlawful acts of discrimination
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_07609.htm
Continuation of health insurance benefits upon retirement
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_08583.htm
Counseling memorandum issued to an employee
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume57/d17236;
See, also, https://publicpersonnellaw.blogspot.com/2011/01/constructive-criticism-or-discipline.html
Court's review of an administrative decision made after an adversarial hearing is limited to considering if the decision is supported by substantial evidence
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_04447.html
Credit the opinion of one medical expert over that of another medical expert
when reviewing an application for disability retirement
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2015/2015_09595.htm
Deficiencies in the performance review process of a probationary teacher that were not merely technical undermined the integrity and fairness of the process http://www.nycourts.gov/reporter/3dseries/2016/2016_03454.htm
Delegating the authority to make a final disciplinary decision and the determination of the penalty to be imposed to another
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_05474.htm
Demanding an employee submit his or her resignation from his or her position
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_08115.htm
Determining “continuous residency” for the purpose of qualifying for public office or employment
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05842.htm
Determining an appropriate disciplinary penalty under the circumstances
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_03098.htm;
See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_03104.htm and http://booklocker.com/7401.html
Determining an educator's seniority for the purposes of layoff
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17140;
See, also, http://www.counsel.nysed.gov/Decisions/volume50/d16158.htm
Determining an employee's health insurance benefits upon his or her retirement
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_04886.htm
Determining if a dispute between a public employer and a public employee organization is arbitrable
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03356.htm
Determining if an administrative agency's decision is arbitrary and capricious
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_01446.htm
Determining if an employee is eligible for accidental disability retirement benefits
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03201.htm
Determining if an expired collective bargaining agreement provided certain retirees with vested health insurance benefits
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_02843.htm
Determining if an incident qualifies as an accident for the purposes determining eligibility for accidental disability retirement benefits
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05420.htm
Determining if benefits set out in a collective bargaining agreement survive the expiration of the agreement
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_00453.htm
Determining seniority and tenure area of teachers in the event of the abolishment of positions http://www.counsel.nysed.gov/Decisions/volume57/d17137
Determining seniority for the purpose of layoff and establishing an educator's position on a "preferred list" for the purpose of reinstatement
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume56/d17028
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_06533.htm
Determining the appropriate procedure to be followed when filing disciplinary charges against a police officer of a town
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_06090.htm
Determining the disability benefits due a firefighter as the result of a work-related injury can be complex
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02129.htm
Determining the impact of performing light, limited or restricted duty on applications for disability retirement benefits
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_03942.htm
Determining the status and rights of an employee in the public service terminated from his or her employment
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05604.htm
Difficulties result following the appointment of a teacher to an “unauthorized tenure area”
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume56/d17011
Disability finding of the Social Security Administration is not dispositive of the Retirement System's Medical Board's disability determination
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_01256.htm
Disability not a defense to charges of excessive absence from work
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1410.pdf
Disciplinary action follows employee's disrespectful and intimidating behavior towards superiors
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2307.pdf
Disciplinary actions pursuant to Education Law §3020-a processed consistent with compulsory arbitration standards
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_07656.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_02513.htm
Disciplinary hearing officer may not consider disciplinary charges and specifications not preferred against an employee
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_02868.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_02513.htm
Disciplinary hearing postponed “without prejudice” pending successful completion of a probationary period with another agency
The decision is posted on the Internet at: http://archive.citylaw.org/oath/wp-content/uploads/sites/17/oath/16_cases/16-2054md.pdf
Disciplinary hearings held in absentia
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-728.pdf
Disciplinary penalty imposed, termination, held reasonable under the circumstances
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_00505.htm
Disciplinary probation
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_02170.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_07077.htm
Dismissing an employee before he or she has completed his or her probationary period
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_06713.htm
Distinguishing between an individual's "domicile" and his or her "residence"
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03400.htm
Doctrine of Abatement: applied in a criminal action
The decision is posted on the Internet at: http://www.ca2.uscourts.gov/decisions/isysquery/480bdaba-f569-4afc-a463-3b392b0da1be/5/doc/15-3979_opn.pdf - xml=http://www.ca2.uscourts.gov/decisions/isysquery/480bdaba-f569-4afc-a463-3b392b0da1be/5/hilite/
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_06264.htm
Doctrine of Legislative Equivalency defeats a Mayor’s unilateral decision to abolish a position in the civil service
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_00501.htm
Doctrine of primary jurisdiction
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2013/2013_07487.htm
Doctrine of Sovereign Immunity held to have been waived with respect to litigation challenging an arbitration award
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2018/02/sovereign-immunity-absolute-immunity_12.html
Does the public have a right of access to a hearing concerning the removal of a member of a school board for official misconduct?
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_04624.htm
Due process considerations in the event an employee is terminated from his or her probationary period
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_02327.htm
Educator challenges the abolition of positions and the assignment of her former teaching duties to other teachers
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume55/d16917
Educator seeking to overturn an unsatisfactory annual performance rating must meet is very high standard of proof
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17192
Educator terminated for a continuing pattern of inappropriate behavior involving students
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_04779.htm
Educator terminated for doing exactly what he was permitted and encouraged to do by his employer
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_51252.htm
Educator's unsatisfactory performance rating for the academic year supported by the "detailed descriptions" of educator's difficulties in the classroom in the record
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_03891.htm
Eligibility for workers’ compensation benefits based on work-related stress
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_07734.htm
Employee dismissed pursuant to §75 of the Civil Service Law for incompetency based on excessive absenteeism
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-2238.pdf
Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the process
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_01321.htm
Employee may be subjected to disciplinary action for misusing his or her sick leave accruals
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1468.pdf.pdf
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_00234.htm
Employee penalized 60-day suspension without pay after striking a patient and failing to report the incident
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-584.pdf
Employee served with disciplinary charges alleging he was "singing on the job" http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2524.pdf
Employee suspended for one year without pay after failing to comply with school directives
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_08440.htm
Employee terminated following the loss of the license required to perform the duties of the position
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_02827.htm
Employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back pay
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1355.pdf
Employee’s continuing to accept public assistance benefits after being employed to manage public assistance benefits held incompatible with such employment
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1653.pdf
Employee’s disciplinary history for rudeness and insubordination considered in determining disciplinary penalty to be imposed
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16-124.pdf
Employee’s misuse of employer’s email results in dismissal
The decision is posted on the Internet at: http://www.employmentlawdaily.com/index.php/news/fired-for-using-internal-email-system-to-send-religious-messages-fire-captain-loses-free-speech-claim/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2015/2015_08947.htm
Employee’s use of the employer's electronic equipment - disciplinary action being taken against an employee
The decision is posted on the Internet at: http://www.employmentlawdaily.com/index.php/news/fired-for-using-internal-email-system-to-send-religious-messages-fire-captain-loses-free-speech-claim/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29
Employee's resignation after being found guilty of disciplinary charges forfeits his or her right to demand arbitration
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2018/07/employee-resignation-after-being-found.html
Employer advanced good faith reasons supporting its decision to terminate a probationary employee
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_01240.htm
Employer entitled to reimbursement of the cost of post-employment health insurance benefits it erroneously paid on behalf of a former employee
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2014/07/employer-entitled-to-reimbursement-of.html
Employer provided retirees with the health benefits to which they were entitled
upon retirement under the collective bargaining agreement
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2014/06/employer-provided-retirees-with-health.html
Employer’s unilateral discontinuing its past practice of paying the full cost of health insurance for its retirees held a violation of §209-a.1(d) of the Taylor Law
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2014/05/employers-unilateral-discontinuing-its.html
Employer's payment of employer contributions towards an employee's health insurance premiums discontinued during the employee's disciplinary suspension without pay
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2010/2010_51684.htm
Employer's personnel policies may be operative with respect to its employees' conduct while its employees are "off-duty"
The decision is posted on the Internet at: http://www.ca2.uscourts.gov/decisions/isysquery/c2a7dadd-d6fc-4e58-a3d1-4991a70f33ce/10/doc/16-3007_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c2a7dadd-d6fc-4e58-a3d1-4991a70f33ce/10/hilite/
Employer's termination of a biologically male employee transitioning from male to female held unlawful discrimination on the basis of sex
The decision is posted on the Internet at: https://cases.justia.com/federal/appellate-courts/ca6/16-2424/16-2424-2018-03-07.pdf?ts=1520443817
Employment history of an employee found guilty of one or more disciplinary charges may be considered in setting the disciplinary penalty to be imposed
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-2743.pdf
Essentials of challenging an employee disciplinary action where compulsory arbitration is involved
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02544.htm
Evaluating claims of mitigating circumstances in considering challenges to the disciplinary penalty imposed by the appointing authority
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2008/2008_07181.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_03582.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_06535.htm
Exceptions to the Doctrine of Exhaustion of Administrative Remedies
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2015/2015_07272.htm
Exceptions to the general rule that only the union or the employer may demand that an issue be submitted to arbitration
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05924.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_00743.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_02649.htm
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
The decision is posted on the Internet at: http://cases.justia.com/california/court-of-appeal/2016-f070473.pdf?ts=1459283424
Failure to comply with emergency leave regulation
The decision is posted on the Internet at: Dep’t of Sanitation v. Perez
Failure to honor a known policy of the employer can constitute disqualifying misconduct for the purpose eligibility for unemployment insurance benefits
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_06526.htm
Federal and State laws, rules and regulations control affecting public sector officers and employees engage in partisan political activities
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2016/05/federal-and-state-laws-rules-and.html
Fifth Amendment's bar against “self-incrimination” does not protect an individual who lies in the course of an official inquiry
The decision is posted on the Internet at: 2016 NY Slip Op 08368
Filing disciplinary charges against an employee where the absence is due to an injury or disease
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-648.pdf
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
The decision is posted on the Internet at: 2016 NY Slip Op 07908
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_04335.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05220.htm
Firefighter Rule bars police officer from suing his or her employer or a coworker for injuries suffered while on duty
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02586.htm
Forfeiture of employee retirement contributions made to a New York State public retirement system
The decision is posted on the Internet at: http://www.ca2.uscourts.gov/decisions/isysquery/0227062b-c942-4ce4-8bb4-82668b8dddf0/1/doc/14-1862_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/0227062b-c942-4ce4-8bb4-82668b8dddf0/1/hilite/
Freedom of speech
The decision is posted on the Internet at: http://nypublicpersonnellawarchives.blogspot.com/2007/01/freedom-of-association.html
See, also, https://publicpersonnellaw.blogspot.com/2011/03/freedom-of-information-and-speech.html
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_04225.htm
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
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume56/d16985
Guidelines followed by courts in reviewing a challenge to a disciplinary decision made after a hearing held pursuant to compulsory arbitration
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_07122.htm
Health insurance benefits set out in collective bargaining agreement found to have survived expiration of agreement and the employee's resignation
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_08792.htm
Hearing officer considers failed efforts at “progressive discipline” in setting disciplinary penalty
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1721.pdf
Hearing officer is entitled to weigh the parties' conflicting evidence and to assess the credibility of witnesses where room for choice exists
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_00785.htm
Hearsay may constitute "substantial evidence" supporting the tribunal's findings in an administrative hearing
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_05147.htm
Hearsay testimony may be admitted in evidence in an administrative hearing
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_03267.htm
If an employee engaged in repeated acts constituting disloyalty to the employer, forfeiture of compensation and benefits is warranted under the Faithless Servant Doctrine
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_04289.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02096.htm unilaterally
Implementing an arbitrator's decision after the appointing authority failed to timely comply with the provisions set out in a collective bargaining agreement
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume58/d17468
Imposing a "disciplinary probation period" as part of the penalty or settlement of a disciplinary action
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_04084.htm
Imposing a lesser disciplinary penalty than the one recommended by the disciplinary hearing officer
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_01628.htm
Imposing multiple disciplinary penalties on an employee found guilty of misconduct
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_03326.htm
Inability to satisfactorily perform the duties of the position due to an alleged disability
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-858.pdf
Increasing a retired employee's contributions for health insurance premiums
The decision is posted on the Internet at: http://www.ca2.uscourts.gov/decisions/isysquery/a9a7d59f-59fc-4e77-a184-1fff3c5958dd/3/doc/18-1348_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/a9a7d59f-59fc-4e77-a184-1fff3c5958dd/3/hilite/
Individual cannot be found guilt of misconduct not charged in the notice of discipline
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_01775.htm
Individual has no property interest in his or her former employment once he or she is discharged
The decision is posted on the Internet at: http://law.justia.com/cases/federal/appellate-courts/ca7/16-3743/16-3743-2017-07-12.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2017-07-14-labor-employment-law-cf0f45d344&utm_content=text-case-title-8
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05017.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_07026.htm
Individual or organization must have “standing” in order to maintain an Article 78 action challenging an administrative decision
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02154.htm
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 http://www.nycourts.gov/reporter/3dseries/2018/2018_04612.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_04116.htm
Individual's General Municipal Law §207-c benefits may be discontinued where the decision to do so is supported by substantial evidence
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_04873.htm
Individual's retiring from his or her position to avoid disciplinary action may have unexpected consequences
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2006/2006_00697.htm
Individual's right to due process is truncated if he or she is persuaded not to attend his or her administrative hearing
The decision is posted on the Internet at: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1512.Opinion.1-12-2017.1.PDF
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_00003.htm
In contrast, see http://nypublicpersonnellawarchives.blogspot.com/2007/03/injury-during-training-exercise-ruled.html
Installing Global Positioning System equipment in devices used by employees during work
The decision is posted on the Internet at: http://www.ca2.uscourts.gov/decisions/isysquery/60b89ba4-0cbf-4fc3-acda-0445d569bca0/10/doc/14-405_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/60b89ba4-0cbf-4fc3-acda-0445d569bca0/10/hilite/
See, also:
http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf;
http://www.nycourts.gov/reporter/3dseries/2009/2009_03762.htm;
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08529.htm;
http://www.nycourts.gov/reporter/3dseries/2013/2013_04838.htm; and
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03593.htm
Insubordinate and discourteous conduct
The decision is posted on the Internet at: https://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-2340.pdf
Judicial review of a board's administrative decision flowing from a tie vote
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_01497.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_05608.htm
Judicial review of determinations made after a hearing denying a police officer's application for General Municipal Law §207-c disability benefits
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_08663.htm
Lack of prior misconduct not sufficient to mitigate imposing the penalty of dismissal given the fraudulent nature of the individual’s misconduct
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02921.htm
Lack of standing and failure to name a necessary party dooms an appeal to the Commissioner of Education
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume55/d16870
Layoff of seasonal employees constituted a termination of employment for the purposes of Public Authorities Law §2629(2)(a)
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_04998.htm
Leaving employment without good cause will disqualify an applicant for unemployment insurance benefits
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_03042.htm
Maintaining a proper chain of custody of evidence to be used in a disciplinary action
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1389.pdf
Making false statements concerning the employee's performance of his or her duties
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1147.pdf
See, also, http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1244.pdf
Making false statements to investigators concerning alleged misconduct
The decision is posted on the Internet at: OATH Index Nos. 1342/16 and 1904/16
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 York State public employer
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_04777.htm
Minor gaps and errors in the hearing transcript made at an administrative hearing did not preclude meaningful review of the hearing
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2015/2015_09431.htm
Motions to have an administrative law judge recuse himself or herself from presiding at a disciplinary hearing
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-211md.pdf
Municipality may discontinue a retiree’s health insurance benefit in the absence of a contract or provision of law granting the retirees a vested right to such a benefit
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2014/2014_06056.htm
Name clearing hearings
The decision is posted on the Internet at: https://www.leagle.com/decision/19961175167misc2d100811018
See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_02018.htm
Negotiating disciplinary procedures for City of Schenectady police officers held a prohibited subject of collective bargaining
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_07210.htm
Negotiating on behalf of active employees concerning to benefits available to them following retirement and negotiating on behalf of retired employees
The decision is posted on the Internet at:
Oneida PBA v. City of Oneida, PERB Case U-5805
New York City employee found guilty of used his employer's telephone and computer equipment for his political campaign while at work
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_02366.htm
See, also, http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-1657.pdf
New York City police officer who filed fabricated complaints with the New York City Civilian Complaint Review Board dismissed from the department
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_01435.htm
New York State and Local Retirement System member has only 30 days following the “date of payability” of his or her retirement allowance to change his or her retirement option
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02698.htm
OATH Administrative Law Judge recommended dismissal of disciplinary charges after finding supervisors’ testimony was unsupported by reliable documentary evidence
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-195.pdf
OATH disciplinary hearing held in absentia
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1046.pdf
N.B. Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation resulting from conducting a disciplinary hearing 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."
The decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2016/2016_07329.htm
Opening a disciplinary hearing to the public and other procedural matters addressed in an appeal to the Commissioner of Education
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume55/d16861
Optional Retirement Plan
The decision is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2014/08/the-state-university-of-new-yorks_6.html
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2015/2015_08027.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2015/2015_08015.htm
Party seeking to modify an arbitration award must comply with the relevant provisions of Article 75 of the Civil Practice Law and Rules
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_01592.htm
Penalty of dismissal imposed on educator ruled shocking to its sense of fairness
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_01628.htm
Penalty of dismissal recommended for an employee found guilty of violating the public trust and other disciplinary charges
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1767.pdf
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_01496.htm
Penalty of termination to “jolt” the employee to understand of the seriousness of his misconduct remanded for the imposition of a lesser penalty
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_06184.htm
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
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17234
Placing an employee on involuntary leave pursuant to Civil Service Law §72.5 http://www.nycourts.gov/reporter/3dseries/2018/2018_05649.htm
See, also, http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-2443.pdf
Plausibility Standard
The decision is posted on the Internet at: http://www.ca2.uscourts.gov/decisions/isysquery/c4770246-7542-444d-8f84-5183ce69bf2f/1/doc/16-2004_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c4770246-7542-444d-8f84-5183ce69bf2f/1/hilite/
Police confrontations with mentally impaired citizens and inmates
The decision is posted on the Internet at: http://www.aele.org/sheehan-torres.pdf
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 The decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2017/2017_00649.htm
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 http://www.nycourts.gov/reporter/3dseries/2016/2016_07817.htm
Police officer holds a position of great sensitivity and trust and is subject to a higher standard of fitness and character than "ordinary civil servants" http://www.nycourts.gov/reporter/3dseries/2017/2017_04596.htm
Police officer terminated following being found guilty of downloading and possessing child pornography http://www.nycourts.gov/reporter/3dseries/2017/2017_09243.htm
Police officer's accident disability retirement benefits are to be offset against the injured retiree's jury award for future lost earnings and pension
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_04273.htm
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_01016.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2018/2018_01019.htm
Presumption that an accident that occurred in the course of employment arose out of that employment
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05892.htm
Probationary employee has the burden of showing his or her termination was unlawful
The Trial Court's decision is
posted on the Internet at:
http://www.nycourts.gov/reporter/pdfs/2013/2013_34073.pdf
The Court of Appeal's decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_06947.htm
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
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_02821.htm
Probationer challenging dismissal from the position claims to have suffered extreme emotional distress
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_01854.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_01819.htm
Procedural errors to avoid in an appeal submitted to the Commissioner of Education
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17166
Procedural misstep in processing an appeal to the Commissioner of Education could result in a fatal jurisdictional defect
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume54/d16698
Procedural requirements with which a resident of a school district must comply when seeking to remove a school officer from his or her position
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume55/d16874
Processing an application for accidental disability retirement
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05893.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_05894.htm
Processing appeals to the Commissioner of Education seeking the removal of a member of a Board of Education
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17148
See, also, http://www.counsel.nysed.gov/Decisions/volume57/d17149 and
http://www.counsel.nysed.gov/Decisions/volume57/d17150
Proper service of the petition and notice of the petition of an appeal to the Commissioner of Education critical to the Commissioner assuming jurisdiction
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17402
Public employee's misconduct while "off-duty" may result in disciplinary action being initiated against the employee by his or her appointing authority
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1229.pdf
Public officer threatening to do something that he or she may lawfully due does not constitute coercion
The decision is posted on the Internet at: http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2014/20140613/109634.pdf
Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination http://www.nycourts.gov/reporter/3dseries/2017/2017_02421.htm
Redacting the name of a party in an administrative disciplinary action from the decision
The decision is posted on the Internet at: http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-724.pdf
Reducing health insurance prescription co-pay benefits for an employer’s retirees to the same level as the employer’s active employees' prescription co-pay benefit
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_06315.htm
Reducing or discontinuing a NYSHIP participating employer's contributions towards a retired employee's health insurance premium
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_05960.htm
Refusing to accept the resignation submitted by an employee
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume56/d17007
Reimbursement of Medicare premiums paid by retirees participating in their former employer’s health insurance plan
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2013/2013_04379.htm
Reimbursement of retiree Medicare premiums found to be a form of deferred compensation may not be unilaterally discontinued by the employer
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2019/2019_00940.htm
Rejection of a hearing officer's finding of fact and determination by the appointing authority
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_03407.htm
Removing a judge from his or her office
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_07207.htm
Removing a school official for an alleged unauthorized disclosure of confidential information
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume57/d17422
Removing a town, village, improvement district or fire district officer, other than a justice of the peace, from his or her office
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_04420.htm
Removing a volunteer firefighter from his or her position
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_01844.htm
Requiring a firefighter injured in the line of duty to accept a "light duty" assignment and where appropriate to undergo surgery
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_03528.htm
See, also, https://www.leagle.com/decision/199556585ny2d4801523
Requiring an educator submit to a medical examination to determine his or her ability to perform the duties of his or her position
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume56/d16991
Requiring employees to submit to a “dog-sniffing test” for illegal drugs
The decision is posted on the Internet at:
https://casetext.com/case/corr-officers-benevolent-assn-v-city-of-ny-1
Restoration of leave credits used by employees electing to remain on the payroll
while on Workers’ Compensation Leave pursuant to Civil Service Law §71
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_00562.htm
Retiree is not affected by post-retirement collective bargaining negotiations concerning health insurance contributions absent specific contract language to that effect in place at the time of his or her retirement
The decision is posted on the Internet at:
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2013/2013_05032.htm
Retirees had vested health insurance rights that could not be abrogated by successor collective bargaining agreement
The
decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_08290.htm
Right to a disciplinary hearing survives the individual’s resignation or retirement from the position
The decision is posted on the Internet at:
http://law.justia.com/cases/california/court-of-appeal/2016/e060294.html
Right to administrative due process not compromised by a three-year delay in conducting a disciplinary hearing and, or, other alleged procedural errors
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_02641.htm
Salary reduction upon reassignment to another position in the course of an agency reorganization is not a disciplinary action requiring notice and hearing
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_08431.htm
School Board asks the Commissioner of Education to remove the president of the school board from the position
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume55/d16857
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
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume57/d17307
School board seeks to remove a sitting member from the board for alleged "official misconduct"
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume57/d17204
School district must offer its Medicare-eligible retirees the same health insurance benefits the district offers to its active employees
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_23274.htm
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)
The decision is posted on the Internet at:
https://www.nycourts.gov/reporter/3dseries/2016/2016_08139.htm
School district's active employee and the district’s retired employee must be provided with identical health insurance benefits
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2015/2015_01098.htm
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
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume57/d17235
Seniority for the purposes of layoff and reinstatement from a preferred list set out in "settlement agreement"
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_01402.htm
Sleeping on duty
The decision is posted on the Internet at:
https://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-165.pdf
Social Security Administration’s disability determination not binding on a public retirement system of this State
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_00782.htm
Spoliation of evidence
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_04593.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_06995.htm
State’s reduction of its employer contribution for health insurance premiums
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2014/2014_03214.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2014/2014_07044.htm
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_03411.htm
Stipulation of settlement cannot withdrawn from the stipulation on the basis that it had "improvidently" agreed to it
The decision is posted on the Internet at:
https://www.nycourts.gov/reporter/3dseries/2016/2016_02131.htm
Stipulation waiving rights to a disciplinary hearing and agreement to resign from the position may not disqualify the individual for Unemployment Insurance benefits
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_05885.htm
See, also, https://www.nycourts.gov/reporter/3dseries/2016/2016_06526.htm
Summarily terminating a federal officer holding a term appointment from his or her position
The decision is posted on the Internet at:
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_01179.htm
Suspension of a tenured teacher requires the board of education to serve written disciplinary charges against the teacher within a reasonable amount of tim
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume55/d16897
Suspension of a tenured teacher requires the timely filing of written charges and specifications with the clerk or secretary of the board of education
http://www.counsel.nysed.gov/Decisions/volume56/d17054
Teacher fined $10,000 after subjecting student to corporal punishment
The decision is posted on the Internet at:
https://www.nycourts.gov/reporter/3dseries/2016/2016_08368.htm
Teacher's "per session compensation" and the calculation of his pension benefits
The decision is posted on the Internet at:
https://casetext.com/case/weingarten-v-board-of-trustees-113-ny-10-22-2002
Teachers who retired while an expired CBA continued in force under the Triboro Doctrine contend that the expired CBA controls with respect to their health insurance benefits
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_03578.htm
Tenure area determinations upon the abolishment of a position or positions
The decision is posted on the Internet at:
Tenure by estoppel
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2013/2013_51026.htm
[see https://publicpersonnellaw.blogspot.com/search?q=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 new position
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_02553.htm
Tenured teacher unwilling to improve her pedagogical skills despite being provided with substantial assistance terminated from her position
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_03691.htm
Terminated after a disciplinary hearing, employee’s Article 78 petition dismissed because he failed to file timely Education Law §3813(1) notice of claim
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2015/2015_09284.htm
Terminated educator alleges that her employer breached the employment agreement and negligently terminated her
The decision is posted on the Internet at:
Terminated probationary employee has the burden of demonstrating an improper basis for his or her termination
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_00760.htm
Terminating a "long-time" provisional employee
The decision is posted on the Internet at:
See, also, http://www.nycourts.gov/reporter/3dseries/2019/2019_05744.htm
Terminating a teacher during his or her probationary period
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_07269.htm
Termination of a police officer on General Municipal Law §207-c leave under color of Civil Service Law §71
The decision is posted on the Internet at:
http://publicpersonnellaw.blogspot.com/2013/08/termination-of-police-officer-while-on.html
Termination of a public officer from his or her position by operation of law
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_02041.htm
Termination of employee found guilty violating patient escort procedures, being late for work, falsifying timesheets, and failing to arrive on time for assignments
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-2088.pdf
Termination of employment following extended absence without approval
The decision is posted on the Internet at:
https://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1653.pdf
Termination of the employee following unsuccessful progressive disciplinary efforts did not shock the court’s "sense of fairness”
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_00418.htm
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_00236.htm
Town may discontinue health insurance coverage under certain circumstances
Op St Comp 80-105
Unconstitutional diminution of judicial compensation
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2014/2014_03214.htm
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_02109.htm
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_03797.htm
Union cannot object to imposing demotion as a disciplinary penalty when demotion was a penalty authorized in the collective bargaining agreement
The decision in Appeal I is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_00977.htm
The decision in Appeal II is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_00970.htm
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_05051.htm
Unless the collective bargaining agreement specifically so provides, the contract grievance procedure set out in the agreement is not available to a retiree
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2014/2014_01845.htm
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
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
Use of excessive and inappropriate force on juvenile residents at a facility
The decision is posted on the Internet at:
Admin.
for Children’s Services v. Judge, OATH Index
No. 1412/16 (Jan. 20, 2017
Use of video surveillance recording in disciplinary actions
The decision is posted on the Internet at http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-0211.pdf
Withdrawing a letter of resignation
The decision is posted on the Internet at http://www.nycourts.gov/reporter/3dseries/2017/2017_01742.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_09231.htm and http://www.nycourts.gov/reporter/3dseries/2015/2015_04408.htm
Zero tolerance drug policy
The decision is posted on the Internet at http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08703.htm
See, also, http://www.nycourts.gov/reporter/3dseries/2013/2013_07870.htm and
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-1004.pdf