Employee has a duty of loyalty to the appointing authority

Employee has a duty of loyalty to the appointing authority

56 N.Y.2d 656

An employer is sometimes confronted with a situation in which an employee’s duty of loyalty to the employer is called into question or there appears to be a conflict of interest with respect to the employee’s performance.

In this action, the employee sued the agency after it had discharged him for “disloyalty and conflict of interest.”

At the time of his dismissal, the employee served as an associate counsel to the agency. The agency alleged that while its employee, the individual was also actively assisting one of the organizations that the agency was established to regulate.

In the words of the Court of Appeals, “Given the nature of the attorney-client relationship and petitioner's position as associate counsel to [agency] ... it cannot be said that reports of [the employee's] active assistance to two public interest lobbying groups regulated by the [agency] were an improper basis for the [agency's] decision to terminate petitioner's employment (cf. Arnett v Kennedy, 416 U.S. 134; Cooper v Johnson, 590 F.2d 559). Nor was petitioner entitled to a due process hearing* inasmuch as he never alleged that there was public dissemination of the reasons for his dismissal. Finally, petitioner, a nontenured employee, has demonstrated no procedural violation in the manner in which his employment was terminated.”

* Presumably the court was referring to a "name clearing hearing."
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Retirement System not required to explain the tax implications of its response to an employee’s question

Retirement System not required to explain the tax implications of its response to an employee’s question

Hauser v. Comptroller, 83 A.D.2d 649

From time to time Personnel Officers receive questions from employees that may require extensive analysis or speculation because of the fact that there may be different results depending on the course of action followed by the employee. It seems that as long as the answer is correct, the Court will not impose an unreasonable burden on the administrator to explain the implications of the answer.

The case arose when a retiree sought to change the basis for his retirement from “service retirement” to “ordinary disability” retirement.

Max Hauser contended that the Employees’ Retirement System should have advised him of the possible federal tax benefits were he to elect “ordinary disability” retirement rather than the service retirement option.

In rejecting the argument, the Court indicated that the information given Hauser regarding the amount of benefits was correct and “to require the Retirement System to advise every applicant of the tax implications of their retirement would impose an unreasonable burden on the system”.
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Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending November 16, 2013

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending November 16, 2013

Click on text highlighted in color  to access the full report

DiNapoli Announces New In–State Private Equity Investment Through Softbank Capital

On Friday, November 15, 2013 State Comptroller Thomas P. DiNapoli Friday announced the New York State Common Retirement Fund’s In–State Private Equity Program investment in The Dodo Inc., a start–up website focusing on animal issues, through investment manager SoftBank Capital.

DiNapoli: Former Fire District Treasurer Accused of Stealing More Than $50,000

The former Crystal Beach Fire District treasurer was arrested Thursday, November 14, 2013 for allegedly stealing and spending more than $50,000 of public funds on tanning, TV and shopping sprees, according to State Comptroller Thomas P. DiNapoli.

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli Wednesday announced his office completed audits of the

Northern Onondaga Public Library District and the

Town of Sidney.

Comptroller DiNapoli Releases State Audits

New York State Comptroller Thomas P. DiNapoli announced Wednesday, November 13, 2013 the following audits have been issued:

Plaza College;

Dowling College;

Mercy College;

Department of Health;

New York State Energy Research and Development Authority;

State University of New York Farmingdale State College; and the

State Education Department.
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Employee terminated after being found guilty of “excessive absence”

Employee terminated after being found guilty of “excessive absence”
2013 NY Slip Op 07430, Appellate Division, First Department

The Appellate Division sustained the termination of a Senior Court Officer [Appellant] employed by the Unified Court System following a disciplinary hearing. The hearing office determined that that Appellanthad engaged in misconduct by missing 197 days of scheduled work assignments in the course of a 14-month period and recommended that he be dismissed from his position.

The appointing authority adopted the findings and recommendation of the hearing officer and terminated Appellant. .

The Appellate Division sustained the appointing authority’s decision, noting that substantial evidence supported the hearing officer’s determination.

Noting that Appellant’s absences “were not caused by his psychological disorders,” court said that the penalty imposed by the appointing authority, termination, did not shock its sense of fairness, citing Dickinson v NYS Unified Court System, 99 AD3d 569.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2013/2013_07430.htm
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Replacement of a 55-year-old Webmaster by a younger “web guru” in course of a business reorganization did not constitute a violation of the ADEA

Replacement of a 55-year-old Webmaster by a younger “web guru” in course of a business reorganization did not constitute a violation of the ADEA

Source: Employment Law Daily - a Wolters Kluwer publication

Decision summarized by Majorie Johnson, J.D.

A 55-year-old website coordinator who was laid off during a restructuring in which his employer adopted a web-based multimedia marketing model, and hired a younger “web guru” to rebuild the website with the latest technology, could not advance his ADEA and state law claims of age bias, a federal district court in New York ruled. Dismissing the employee’s pro se claims on summary judgment, the court held that the disparity in age between him and his “replacement,” standing alone, was insufficient to prove age discrimination.

The full text of Ms. Johnson’s article is posted on the Internet at:

http://www.employmentlawdaily.com/index.php/news/no-age-bias-when-55-year-old-webmaster-replaced-by-younger-web-guru-in-restructuring-failed-to-advance-age-bias-claims/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WKL%26B+WorkDay%29
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