New York Public Personnel Law

Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.

Oct 25, 2010

Court vacates dismissal as too harsh a penalty after considering employee's work record

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Court vacates dismissal as too harsh a penalty after considering employee's work record Currithers v Mazzullo, 258 AD2d 460 School bus d...

Vindicating an employee's right conferred by law may not be resolved by filing a grievance pursuant to a collective bargaining agreement

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Vindicating an employee's right conferred by law may not be resolved by filing a grievance pursuant to a collective bargaining agreement...

Termination after failing the National Teacher’s Exam upheld

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Termination after failing the National Teacher’s Exam upheld Feldman, et. al., v Bd. of Ed., City of New York, 262 AD2d 276 Because they had...

Oct 22, 2010

Employer not be liable for damages resulting from employee’s off duty misconduct absent notice of the employee's proclivity for such misconduct

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Employer not be liable for damages resulting from employee’s off duty misconduct absent notice of the employee's proclivity for such mis...

Employment application fraud leads to disqualification for employment

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Employment application fraud leads to disqualification for employment Schindlar v Village of Lloyd Harbor, 261 AD2d 626 Providing false info...

Administrator' terminated after being found guilty of ignoring the Civil Service Law with respect to the appointment of personnel

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Administrator' terminated after being found guilty of ignoring the Civil Service Law with respect to the promotion of personnel Gillen v...

Oct 21, 2010

Employee served with disciplinary charges alleging horseplay involving threats with an “imitation” handgun

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Employee served with disciplinary charges alleging horseplay involving threats with an “imitation” handgun Materials For the Arts (MFTA) is ...

Disciplinary arbitration award is not reviewable by PERB even if alleged to constitute an improper practice within the meaning of the Taylor Law

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Disciplinary arbitration award is not reviewable by PERB even if alleged to constitute an improper practice within the meaning of the Taylor...

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Court vacates dismissal as too harsh a penalty after considering employee's work record

Vindicating an employee's right conferred by law may not be resolved by filing a grievance pursuant to a collective bargaining agreement

Termination after failing the National Teacher’s Exam upheld

Employer not be liable for damages resulting from employee’s off duty misconduct absent notice of the employee's proclivity for such misconduct

Employment application fraud leads to disqualification for employment

Administrator' terminated after being found guilty of ignoring the Civil Service Law with respect to the appointment of personnel

Recovering missing public funds

Disciplining an employee for off-duty misconduct

Failing to participate in a counseling program results in disciplinary action

Terminating an educator during his or her probationary period

Employee served with disciplinary charges alleging horseplay involving threats with an “imitation” handgun

Disciplinary arbitration award is not reviewable by PERB even if alleged to constitute an improper practice within the meaning of the Taylor Law