New York City Office of Administrative Trials and Hearings Administrative Law Judge Julia H. Lee recommended a 5-day suspension for a procurement specialist charged with excessive lateness.
The employee was found guilty of being late to work on 40 separate occasions over a period of eight months, totaling 32 hours and 40 minutes.
ALJ Lee rejected the employee’s argument that he was not late on these occasions because he received supervisory approval to charge his lateness to compensatory time. Judge Lee opined that that a long-time employee is expected to abide by the agency’s time and leave policies.
The ALJ, however, found that the employee's misconduct was mitigated by the employee’s 40-year employment with no prior disciplinary history since 1989, recommended a 5-day suspension without pay instead of the 10-day suspension without pay proposed by the employer.
The text of the ALJ's decision is posted on the Internet at: https://archive.citylaw.org/wp-content/uploads/sites/17/oath/22_cases/22-217.pdf
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