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May 01, 2023

Unlawful termination in violation of the federal Family and Medical Leave Act alleged by former employee

An employee [Complainant] was appointed by the Power Authority of the State of New York [Authority] and some ten years later the Authority terminated him from his position. 

Complainant, contending that he was fired from his position because of an underlying medical condition which required him to take time off under color of the federal Family and Medical Leave Act [FMLA], 29 U.S.C. §2601, initiated the instant litigation in federal district court challenging his dismissal by the Authority.

The federal district court, however, concluded that the Authority provided legitimate reasons for terminating the Complainant from his position:

[1] poor performance; 

[2] failure to adequately communicate his absences; and

[3] misuse of an Authority credit card.

Further, said the district court, Complainant failed to show the reasons advanced by the Authority in support of its decision to dismiss the Complainant were pretextual.

The United States Circuit Court of Appeals, Second Circuit, affirmed the judgment of the district court.

Click HERE to access the full text of the Circuit Court's ruling.

 

 

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com