Administrative Law Judge [ALJ] Michael D. Turilli recommended termination of a hospital investigator [Employee] found guilty of engaging in a pattern of discourteous conduct, insubordination, and unsatisfactory work performance.
At the trial the Employee’s co-workers, subordinates, and supervisors testified to her behavior at work, which included instances of name-calling, yelling, failing to supervise her employees, making false statements, and refusing to perform certain assignments.
Although Employee denied the allegations and testified that she believed she was being harassed and targeted by management, the ALJ found that appointing authority had adequately proved Employee was discourteous, insubordinate, and incompetent over the course of 18 months, and recommended Employee be dismissed from her position.
Because the Employee had ample notice that her unprofessional conduct could result in disciplinary action and still failed to change her performance, choosing instead to blame management and deny accountability, Judge Turilli determined that termination of the Employee was the appropriate remedy, notwithstanding her minor disciplinary record over her long tenure within the hospital system.
Click HERE to access Judge Turilli's findings and recommendation posted on the Internet, which recommendation was adopted by the appointing authority.
A Reasonable Disciplinary Penalty Under the Circumstances - A NYPPL e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click on the URL below:
http://booklocker.com/books/7401.html
Another OATH ruling recently posted on the Internet reported that Administrative Law Judge Kevin F. Casey denied respondents’ and intervener’s motions to dismiss a prevailing wage proceeding, finding that Article 9 of the New York State Labor Law was applicable to workers who cleaned and disinfected subway cars during the COVID-19 pandemic. Click on Office of the Comptroller v. LN Pro Services, LLC & Fleetwash, Inc. to access Judge Casey's ruling posted on the Internet.
N. B.: OATH posts employment opportunities on the New York City's Jobs portal and on its website. Click here to View current openings. Just posted: Oath's Trials Division is currently seeking a Calendar Unit Supervisor, a Chief Law Clerk, and a Law Clerk.