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 28, 2011

Concerning disciplinary action in situations where a disability may be a consideration

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Concerning disciplinary action in situations where a disability may be a consideration Matter of Schlitz v Cavanagh, 14 Misc.3d 1213 The s...

Violating workplace rules may disqualify dismissed individual for unemployment insurance benefits

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Violating workplace rules may disqualify dismissed individual for unemployment insurance benefits Smith v Commissioner of Labor, 296 AD2d ...

Withholding a public employee’s salary increase

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Withholding a public employee’s salary increase Mukhopadhyay v City of New York, 296 A.D.2d 363 An employer tells an employee that he or s...
Oct 27, 2011

Article 78 action initiated before the arbitration award was promulgated

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Article 78 action initiated before the arbitration award was promulgated Jenkins v New York City Dept. of Education,   88 AD3 600 Antonio J...

Employee must resign “for good cause” to qualify for unemployment insurance benefits

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Employee must resign “for good cause” to qualify for unemployment insurance benefits Quintana v NYC Police Department, 297 A.D.2d 857 New ...

Due process and dismissal from office

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Due process and dismissal from office Mtr. of Gill, Decisions of the Commissioner of Education, 14,785 The decision by the Commissioner of...

Random search and employee privacy

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Random search and employee privacy US v Gonzales, CA9, 01-30059 May a government employee be required to submit to a random search by his or...
Oct 26, 2011

Exceptions to dismissal of improper practice charge must be timely served

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Exceptions to dismissal of improper practice charge must be timely served Mtr. of Fern Rudin-Moore and DC-37, PERB Case U-25423 The Board af...

Failure to follow administrative procedures precludes judicial review

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Failure to follow administrative procedures precludes judicial review Miller v Nassau County, 297 A.D.2d 344 The Appellate Division, Secon...

Concerning individuals subject to financial disclosure

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Concerning individuals subject to financial disclosure Suffolk County Ethics Commission v Neppell, 307 AD2d 961 When the Suffolk County Ethi...
Oct 25, 2011

Free speech and whistle blowing

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Free speech and whistle blowing Brochu v City of Riviera Beach, 304 F.3d. 1144 The Brochu case interweaves allegations of the suppression ...

The Doctrine of Legislative Equivalency

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The Doctrine of Legislative Equivalency Babor v Nassau County Civil Service Commission, 297 A.D.2d 342 The doctrine of legislative equival...
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