Jun 15, 2017

Claim for back pay upon reinstatement rejected

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Claim for back pay upon reinstatement rejected Koppman v. Board of Education, 95 A.D.2d 777 In Koppman the Appellate Division held that a f...

Police officer dismissed for reckless handling of a firearm

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Police officer dismissed for reckless handling of a firearm Rider v. Board of Trustees, Village of Rockville Center, 78 A.D.2d 856 The App...

Fair Labor Standards Act not applicable to personnel employed by an "educational establishment"

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Fair Labor Standards Act not applicable to personnel employed by an "educational establishment" Fernandez v Zoni Language Center...

Mere speculation and bare legal conclusions without any factual support set out in an Article 78 petition are ineffective in rebutting a defendant's motion to dismiss

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Mere speculation and bare legal conclusions without any factual support set out in an Article 78 petition are ineffective in rebutting a def...
Jun 14, 2017

Educational malpractice

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Educational malpractice Helm v. Professional Children’s School, 103 Misc 2d 1053 In Helm the Supreme Court held that problems, including the...

The anatomy of a discrimination action

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The anatomy of a discrimination action Clarke v Metropolitan Transp. Auth., 2017 NY Slip Op 04421, Appellate Division, Second Department In ...

Circumstantial evidence relied upon to sustain a finding that an employee used his or her employers resources for private purposed in violation of law, rule or regulation

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Circumstantial evidence relied upon to sustain a finding that an employee used his or her employers resources for private purposed in violat...

Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination

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Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requis...

Hiring policy prohibiting the appointment of teachers "above Step 5" found unlawful discrimination because of age

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Hiring policy prohibiting the appointment of teachers "above Step 5" found unlawful discrimination because of age Geller v. Markha...

Failure to testify concerning the event permits a disciplinary hearing officer to draw the strongest inference against the individual permitted by the record

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Failure to testify concerning the event permits a disciplinary hearing officer to draw the strongest inference against the individual permi...
Jun 12, 2017

The anatomy of a discrimination action

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The anatomy of a discrimination action Clarke v Metropolitan Transp. Auth., 2017 NY Slip Op 04421, Appellate Division, Second Department In...
Jun 11, 2017

Unemployment Insurance Appeals Board may apply the doctrine of collateral estoppel to a disciplinary determination made after a hearing in determining if an individual is disqualified for unemployment insurance benefits

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  Unemployment Insurance Appeals Board may apply the doctrine of collateral estoppel to a disciplinary determination made after a hearing in...