New York City Office of Administrative Trials and Hearings Administrative Law Judge Julia H. Lee recommended termination of employment for a New York City Correction Officer [Officer] found guilty of certain charges of failing to report for duty and being absent without leave on numerous occasions.
Judge Lee found Officer had repeatedly refused lawful orders to work overtime, arrived late to work on over 200 dates, and failed to perform her duties in a timely and efficient manner.
Officer did not deny the time and leave violations but contended that being ordered to work beyond her regular hours damaged her health and well-being. The ALJ rejected this argument, finding that Officer’s health concerns were not a defense and did not amount to a medical emergency under the health and safety exception to the “obey now/grieve later” principle.
Although the charges served on Officer were sustained in part and were dismissed in part, and the fact that Officer had no prior disciplinary history, Judge Lee recommended Officer's termination, opining that dismissal was warranted due to the number of violations and the officer’s unwillingness to accept responsibility for her those acts of misconduct for which the ALJ found her guilty.
Click HERE to access Judge Lee's decision and recommendation posted on the Internet.