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.

Jun 19, 2015

Distinguishing between a covered employee and an independent contractor for the purposes of eligibility for unemployment insurance benefits

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Distinguishing between a covered employee and an independent contractor for the purposes of eligibility for unemployment insurance benefits ...

Anatomy of an unlawful discrimination complaint

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Anatomy of an unlawful discrimination complaint 2015 NY Slip Op 04601, Appellate Division, Second Department The Plaintiff commenced this a...
Jun 18, 2015

Benefit available members of union pursuant to a "Memorandum of Agreement" was a “vested lifetime benefit”

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Benefit available members of union pursuant to a "Memorandum of Agreement" was a “vested lifetime benefit” Port Auth. of N.Y. and ...

Challenging an unsatisfactory annual performance rating

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Challenging an unsatisfactory annual performance rating 2015 NY Slip Op 04589, Appellate Division, First Department A teacher [Teacher] bro...

Discourteousness, refusal to follow directives and failure to accept work assignments lead to employee’s dismissal from the position

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Discourteousness, refusal to follow directives and failure to accept work assignments lead to employee’s dismissal from the position 2015 N...
Jun 17, 2015

Inappropriate sexual relationship with a minor

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Inappropriate sexual relationship with a minor OATH Index No. 1227/15. Administrative Law Judge Alessandra F. Zorgniotti found that a corre...

Disclosure of confidential information

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Disclosure of confidential information OATH Index No. 984/15. Administrative Law Judge John B. Spooner sustained charges that agency attor...

Definition of full day worked for certain employees who contract for other than a 5-day standard work week [I.D. No. AAC-24-15-00004-P] amending 2 NYCRR 315.3(b)(4)(ii)

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Definition of full day worked for certain employees who contract for other than a 5-day standard work week [I.D. No. AAC-24-15-00004-P] ame...
Jun 16, 2015

Termination a reasonable disciplinary penalty under the circumstances

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Termination a reasonable disciplinary penalty under the circumstances 2015 NY Slip Op 04923, Appellate Division, First Department Holding t...

An administrative agency found to have acted in a manner inconsistent with its own rules and regulations will be deemed to have acted arbitrarily

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An administrative agency found to have acted in a manner inconsistent with its own rules and regulations will be deemed to have acted arbit...
Jun 15, 2015

Termination for lack of the proper teaching certificate not a disciplinary action requiring “notice and hearing”

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Termination for lack of the proper teaching certificate not a disciplinary action requiring “notice and hearing” 2015 NY Slip Op 04732, Appe...

The date on which an administrative agency's decision became final and binding on the individual triggers the running of the statute of limitations for challenging the determination

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The date on which an administrative agency's decision became final and binding on the individual triggers the running of the statute of...
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