A New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ], Jonathan Fogel, recommended termination of the employment of a sanitation worker [Employee] who was absent without leave [“AWOL”] for approximately ten months.
While employed by the New York City Department of Sanitation [Agency], Employee was convicted of assault in the second degree and sentenced to two years in prison. His "Employee's absence from work due being convicted and sentenced to two years in prison was deemed to have impeded the Employer’s ability to fulfill its mission as the result of his incarceration.
The Employee attempted to have the Agency's administrative disciplinary charge dismissed for improper service because he was not personally served while in prison. Judge Fogel, however, found that the method of service used by the Agency - mailing the disciplinary charge to the Employee by certified mail via the United States Postal Service addressed to the Employee where Employee was incarcerated - satisfied due process requirements.
There was no dispute that Employee had been absent from work since February 2025 and the ALJ found that Agency had proven the charge. Although Employee had made an effort to retain his job by applying for a leave of absence, Judge Fogel found that the Employee’s continued absence impeded the Agency’s ability to fulfill its mission and recommended the Employee be terminated from his position.
Click HERE to access ALJ Fogel's findings and recommended penalty posted on the Internet.