New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Astrid B. Gloade recommended termination of employment of a hospital coordinating manager [Respondent] who falsified time records, failed to remove expired supplies from storage areas under his supervision, and directed profanity and demeaning language towards individuals he supervised.
The ALJ found that on 32 occasions the Respondent entered arrival and departure times into his timesheet that were inconsistent with times he was observed arriving and departing on surveillance video.
Judge Gloade also found that Respondent engaged in misconduct when:
1. Respondent failed to remove expired medical supplies from storage areas under his supervision, including the hospital’s patient care units, emergency department, and warehouse after he was told such "performance was inadequate";
2. Respondent directed profanity and insulting names towards subordinates based on witness testimony that Respondent cursed and yelled in the workplace and Respondent’s admission that he used inappropriate language; and
3. The Employer prove that Respondent:
a. Approved timesheets submitted by a individual he supervised knowing they were false;
b. Treated some employees more favorably than others; and
c. Failed to respond to an investigator from the Employer’s equal employment opportunity office.
In contrast, the ALJ found that the Employer did not prove that Respondent’s failure to remove certain expired items before he was notified that they were in the hospital’s storage areas, which amounted to incompetence, because there was no evidence that Respondent had notice that such "performance was inadequate".
The ALJ recommended that the Respondent be terminated as an appropriate penalty as Respondent’s behavior demonstrated a fundamental lack of integrity, "especially considering he had been previously sanctioned for similar behavior".
Click HERE to access the Administrative Law Judge's findings and the penalty the ALJ recommended should be imposed on Respondent by the appointing authority.