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.

Jul 25, 2011

The Firefighter Rule

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The Firefighter Rule Cibelli v Episcopal Diocese of New York, NYS Supreme Court, Justice Liebowitz, Not selected for publication in the Of...

Working at home is not a reasonable accommodation for a disabled supervisor

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Working at home is not a reasonable accommodation for a disabled supervisor Kvorjak v State of Maine, CA1, 259 F.3d 48 Sometimes granting ...

Accidental disability retirement

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Accidental disability retirement Michalczyk v NYSERS, 286 AD2d 852 Whether or not an employee has reported for work and whether or not the i...
Jul 22, 2011

Irresistible impulse as a defense in a disciplinary action

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Irresistible impulse as a defense in a disciplinary action Perry v Comm. of Labor, 283 AD2d 754 Readers may recall that in the 1959 movie ...

Challenging a Section 75 disciplinary settlement agreement

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Challenging a Section 75 disciplinary settlement agreement Johnston v Triborough Bridge and Tunnel Auth., NYS Court of Appeals, 97 NY2d 62...

Constructive termination

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Constructive termination Duffy v Paper Magic Group, Inc., CA3, 265 F.3d 163 It is not enough to that the individual feel stressed or frust...

Disqualifying applicants for a particular job

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Disqualifying applicants for a particular job EEOC v Woodbridge Corp., CA8, 263 F.3d 812 Mathews v The Denver Post, CA10, 2001 WL 967797 ...
Jul 21, 2011

Civil deputy sheriff should not have to wait to be harmed before being given weapon and firearms training

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Civil deputy sheriff should not have to wait to be harmed before being given weapon and firearms training Mtr. of Monroe County Deputy Sher...

Using an employee personnel files to determine an appropriate disciplinary penalty

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Using an employee personnel files to determine an appropriate disciplinary penalty Bigelow v Trustees of the Village of Gouverneur, 63 NY2d...

Individual serving in major nontenured policy-making or advisory position ineligible for unemployment insurance benefits upon separation

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Individual serving in major nontenured policy-making or advisory position ineligible for unemployment insurance benefits upon separation Fro...
Jul 20, 2011

Workers' Compensation Law benefits not available for “mental injury” resulting from an employer’s lawful personnel actions

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Workers' Compensation Law benefits not available for “mental injury” resulting from an employer’s lawful personnel actions Matter of Vee...

Leave for religious holidays

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Leave for religious holidays Burns v The Warwick Valley CSD, USDC, SDNY, 166 F. Supp. 2d 881 Warwick Valley Central School District teachers...
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