Apr 5, 2012

Allegations of defamation of the employee follow postings made on the employer's web site

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Allegations of defamation of the employee follow postings made on the employer's web site  Firth v State of New York, NYS Court of Ap...
Apr 4, 2012

Failure to possess a valid license or certificate required by law to perform the duties of the position held a valid basis for terminating the incumbent from the position

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Failure to possess a valid license or certificate required by law to perform the duties of the position held a valid basis for terminating t...

Health insurance benefit enjoyed by retired individuals not subject to collective bargaining between the employer and the employee organization absent the consent of all the parties

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Health insurance benefit enjoyed by retired individuals not subject to collective bargaining between the employer and the employee organizat...

A party seeking to set aside a stipulation in a judicial or quasi-judicial proceeding must demonstrate “good cause” such as fraud, overreaching, duress, or mistake

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A party seeking to set aside a stipulation in a judicial or quasi-judicial proceeding must demonstrate “good cause” such as fraud, overreach...
Apr 3, 2012

The denial of a FOIL request by an entity subject to the Freedom of Information Law may not be based on the purpose for which the document or record was produced or the function to which it relates

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The denial of a FOIL request by an entity subject to the Freedom of Information Law may not be based on the purpose for which the document o...

If the CBA provides for the arbitration of alleged contract violations, unless there is a statutory, constitutional or public policy prohibition barring such arbitration courts cannot stay the arbitration

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If the CBA provides for the arbitration of alleged contract violations, unless there is a statutory, constitutional or public policy prohibi...
Apr 2, 2012

Removal from public office

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Removal from public office Warren v Bielecki, 2012 NY Slip Op 01037, Appellate Division, Fourth Department Although this action seeking t...

Lack of objective evidence of a disability supports rejection of employee’s application for disability retirement benefits

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Lack of objective evidence of a disability supports rejection of employee’s application for disability retirement benefits Hughes v Kelly , ...
Mar 31, 2012

Retrenchment in education: a national problem

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Retrenchment in education: a national problem Source: Selected items reported in newspapers and blogs and on television concerning teacher l...
Mar 30, 2012

In an Article 75 challenge to a §3020-a disciplinary decision, the court asks [1] does the award have evidentiary support? and [2] is the award arbitrary and capricious?

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In an Article 75 challenge to a §3020-a disciplinary decision, the court asks [1] does the award have evidentiary support? and [2] is the aw...
Mar 29, 2012

Letter from an employer that has an adverse impact on an individual and he or she knows he or she is aggrieved thereby, triggers the running of the relevant Statute of Limitations

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Letter from an employer that has an adverse impact on an individual and he or she knows he or she is aggrieved thereby, triggers the running...

Background investigations of applicants for employment - Cybervetting

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Background investigations of applicants for employment - Cybervetting Source: AELE Law Enforcement Legal Center, http://www.aele.org/ , Repr...