New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Tiffany Hamilton recommended a 60-day suspension for a hospital employee [Employee] found guilty of initiating a physical altercation with a coworker and disrupting the workplace.
The ALJ found Employee had struck the coworker
in the face after the coworker demanded an apology from the Employee for
behavior the coworker perceived to be disrespectful. Judge Hamilton also found
that the witness reports and testimony established that Employee had caused a
workplace disruption by yelling, fighting, and knocking over a water dispenser.
The Appointing Authority had sought termination
of Employee for the proved charges, but Judge Hamilton found imposing the
penalty of dismissal to be excessive. The ALJ noted that while Employee's
misconduct was troubling, the principles of progressive discipline and
mitigating circumstances, such as Employee’s commendable work history of almost
20 years, his initial attempts to avoid the altercation, and coworker testimony
regarding his professionalism, supported a finding that a lesser penalty should
be imposed and so recommended the Employee suspended without pay for sixty days
and be retained in his position.
Click HERE to access Judge Hamilton's
findings and recommendation posted on the Internet.
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A Reasonable
Disciplinary Penalty Under the Circumstances - The text of this ebook focuses on
determining an appropriate disciplinary penalty to be imposed on an employee in
the public service in instances where the employee has been found guilty of
misconduct or incompetence. For more information click HERE.