Probationary employee challenges termination from employment without a hearing

The petitioner [Educator] in this CPLR Article 78 action contended that her termination by the school district [District] without a hearing prior to the end of her probationary period was in violation of §3020-a of the Education Law.

Educator had been appointed as a permanent substitute teacher by the District for the 2015-2016 school year and in September 2016, commenced a four-year probationary period* as a bilingual elementary teacher within the District. Based on the recommendation of the District's superintendent, the District summarily terminated Educator's probationary employment effective August 2, 2020.

Educator challenged the District's action, contending that her substitute teaching experience during the 2015-2016 school year, combined with her probationary service for the 2016-2017 through 2019-2020 school years, satisfied her four-year probationary requirement, and thus she had acquired tenure in her position by estoppel prior to the District's terminating her employment in August 2020.

Supreme Court granted the District's motion to dismiss Educator's Article 78 proceeding. Educator appealed the Supreme Court's ruling.

The Appellate Division sustained Supreme Court decision, explaining:

1. "The Education Law distinguishes between probationary teachers and tenured teachers" and teachers in certain school districts must serve a probationary period of four years;

2. "The employment of a probationary teacher can be terminated at any time during the probationary period, without any reason** and without a hearing, whereas the employment of a tenured teacher can be terminated only after formal disciplinary proceedings;

3. "Tenure by estoppel results 'when a school board accepts the continued services of a teacher or administrator, but fails to take the action required by law to either grant or deny tenure prior to the expiration of the teacher's probationary term'; and

4. "Service as a substitute teacher does not constitute probationary service for purposes of obtaining tenure as a regular teacher" although "a teacher's probationary term may be reduced through 'Jarema' credit for prior service as a 'regular substitute' teacher'. (See Matter of Speichler v Board of Coop. Educ. Servs., Second Supervisory Dist., 90 NY2d 110)."

Here, opined the Appellate Division, Educator's petition "alleged [she] was employed as a permanent substitute during the 2015-2016 school year, and the evidentiary submissions conclusively established that the [Educator] taught, as a substitute teacher, several different classes over the 2015-2016 school year and that the longest period that she substituted for the same teacher was 26 days. Under these circumstances, the petition does not support a cause of action alleging tenure by estoppel because, contrary to the [Educator's] contention, her service as a substitute teacher did not constitute probationary service."

Further, said the court, evidence established that Educator "did not serve as a 'regular substitute' during the 2015-2016 school year and, therefore, she is not entitled to Jarema credit".

Accordingly, the Appellate Division held that Supreme Court properly granted the District's motion to dismiss the petition and dismissed the proceeding.

* See Education Law §3012(1)(a).

** N.B. Except as otherwise provided by law or the terms or conditions of a collective bargaining agreement, the employment of a probationary employee may be terminated without a hearing and without a statement of reasons after the completion of the probationer's minimum probationary period, if any, in the absence of a demonstration that the termination was made in bad faith, for a constitutionally impermissible reason or an illegal purpose, or in violation of statutory or decisional law. See Matter of Yonkers Firefighters v City of Yonkers, 165 AD3d 816.

Click HERE to access the Appellate Division's decision posted on the Internet.

 

Accumulating eligibility towards tenure via so-called "Jarema credit"

In this decision the Appellate Division explains why the Petitioner was not eligible for including "Jarema credit"* for his service as a substitute teacher outside of the respondent Smithtown Central School District.

Absent such credit, it is undisputed that the Petitioner did not serve the full probationary period of four years in the School District required by Education Law §3012, and therefore could not establish tenure by estoppel.

The Appellate Division described its decision, the text of which is set out below, as "apparently one of first impression for an appellate court in this State", wherein a teacher serving a probationary period claims to have accumulated "Jarema credit" for the purpose of attaining tenure in his current school district as the result of his earlier employment in a "different school district".

 

Matter of DeNigris v Smithtown Cent. Sch. Dist.

2023 NY Slip Op 03783

Decided on July 12, 2023

Appellate Division, Second Department

Ford, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 12, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
WILLIAM G. FORD
DEBORAH A. DOWLING, JJ.

2021-09160
(Index No. 610064/20)

In the Matter of Christopher DeNigris, appellant,

v

Smithtown Central School District, respondent.

 

APPEAL by the petitioner, in a proceeding pursuant to CPLR article 78 to review a determination of Smithtown Central School District dated January 29, 2020, in effect, terminating the petitioner's employment, from a judgment of the Supreme Court (Maureen T. Liccione, J.), dated November 10, 2021, and entered in Suffolk County. The judgment, in effect, denied the petition and dismissed the proceeding.

Ricotta & Marks, P.C., Long Island City, NY (Thomas A. Ricotta of counsel), for appellant.

Ingerman Smith, LLP, Hauppauge, NY (Steven A. Goodstadt and Keith T. Olsen of counsel), for respondent.


FORD, J.

OPINION & ORDER

The narrow issue presented on this appeal, apparently one of first impression for an appellate court in this State, is whether a teacher may accumulate credit towards tenure, also known as "Jarema credit," pursuant to Education Law §3012, for time spent teaching as a regular substitute teacher in a district other than the district in which the teacher is seeking tenure. For the reasons set forth below, we conclude that a teacher is only entitled to "Jarema credit" for regular substitute service if said service was completed in the district in which the teacher is seeking tenure.

I. Relevant Facts

From January 2014 until September 2017, the petitioner was employed by the New York City Department of Education as a special education substitute teacher. He was then appointed to a probationary term as a special education teacher in the Smithtown Central School District (hereinafter the School District), located in Suffolk County. The School District noted in the petitioner's appointment letter that his anticipated probationary period would run from September 1, 2017, until August 31, 2021.

In a letter dated January 29, 2020, the School District's superintendent informed the petitioner that he would be recommending that the Board of Education terminate the petitioner's probationary appointment effective June 30, 2020, and that the Board of Education would vote on the recommendation at a meeting on May 12, 2020. The petitioner sent a letter requesting that he be provided with the reasons for his termination from the School District. In response, the superintendent stated that the petitioner was being terminated based upon his "instructional delivery, grading practices and record keeping, parent communication, [and] concerns related to interpersonal relationships with staff members."

The petitioner resigned from the School District prior to his termination. The Board of Education accepted his resignation effective June 30, 2020.

Thereafter, the petitioner commenced the instant CPLR article 78 proceeding to review the January 29, 2020 determination, in effect, terminating his employment. The petitioner claimed, inter alia, that his termination was improper because he had acquired tenure by estoppel due to his prior service as a substitute teacher for the New York City Department of Education. The Supreme Court, in effect, denied the petition and dismissed the proceeding, determining that the petitioner was not entitled to tenure by estoppel because his service as a substitute teacher was performed outside of the School District. The petitioner appeals, and we affirm for the reasons set forth below.

II. Legislative History of the "Jarema credit"

"The Education Law specifically distinguishes between probationary teachers and tenured teachers" (Matter of Brown v Board of Educ. of Mahopac Cent. Sch. Dist., 129 AD3d 1067, 1070). The purpose of the probationary period is to provide "a school district an opportunity to evaluate an individual's performance as a teacher prior to granting tenure" (id. at 1071). A teacher's "probationary period can, however, be reduced . . . through 'Jarema credit,' named for the bill's sponsor, Assemblyman Stephen J. Jarema" (Matter of Speichler v Board of Coop. Educ. Servs., Second Supervisory Dist., 90 NY2d 110, 114).

In 1936, Jarema sponsored a bill that would reduce the probationary period for a teacher who had "rendered satisfactory service as a regular substitute for a period of two years" (Assembly Mem in Support, Bill Jacket, L 1936, ch 680 at 2 [emphasis omitted]). The reasoning for this Depression-era bill, as explained by Jarema, was that requiring the full statutory term of probationary service was "unfair to the teacher who has given many years as a substitute" (Mem in Support, Bill Jacket, L 1936, ch 680 at 36). Jarema noted that "[t]he purpose of the probationary period is to find out whether the person is suited to the profession. This can be determined over a [specific time] period irrespective of whether one is called a substitute or a regular probationary teacher" (id. at 37). In a Memorandum for the Governor in relation to the bill, Deputy Commissioner and Counsel of the State Education Department, Ernest E. Cole, further explained that

"[t]he apparent purpose [of the bill] is to limit the probationary period . . . for a teacher appointed in a city who has already been serving in that city as a substitute teacher for a period of two years. The purpose of a probationary period, as I understand it, is to enable the school officials to become aware of a person's teaching ability. I assume that the sponsors of this bill believe that all of this information may be obtained while the person is serving as a substitute . . . . This seems reasonable to me" (Mem of the Deputy Commr & Counsel for the State Educ Dept, Bill Jacket, L 1936, ch 680 at 34 [emphasis added]).

A version of the "Jarema credit" has been adopted into Education Law § 3012, which provides as follows:

"Teachers . . . who are appointed on or after July first, two thousand fifteen, shall be appointed . . . for a probationary period of four years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years and, if a classroom teacher, has received annual professional performance review ratings in each of those years, or has rendered satisfactory service as a seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same subject in day schools, on an annual salary, the teacher shall be appointed for a probationary period of two years; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to [Education Law § 3020-a or § 3020-b], the teacher shall be appointed for a probationary period of three years; provided that, in the case of a classroom teacher, the teacher demonstrates that he or she received an annual professional performance review rating pursuant to [Education Law § 3012-c or § 3012-d] in his or her final year of service in such other school district or board of cooperative educational services" (id. § 3012[1][a][ii]).

This appeal requires this Court to decide whether the "Jarema credit," as memorialized in Education Law § 3012, applies to regular substitute teaching performed outside of the school district in which a teacher is seeking tenure.

III. Tenure by Estoppel

"The Legislature designed the tenure system 'to foster academic freedom in our schools and to protect competent teachers from the abuses they might be subjected to if they could be dismissed at the whim of their supervisors'" (Matter of Berrios v Board of Educ. of Yonkers City School Dist., 87 AD3d 329, 331, quoting Ricca v Board of Educ. of City School Dist. of City of N.Y., 47 NY2d 385, 391). "At the expiration of the probationary term, the superintendent of schools shall make a written report to the board of education recommending for appointment on tenure those persons who have been found competent, efficient and satisfactory" (Matter of Brown v Board of Educ. of Mahopac Cent. Sch. Dist., 129 AD3d at 1070). "The employment of probationary teachers can be terminated at any time during the probationary period, without any reason and without a hearing" (id.). "By contrast, tenured teachers hold their positions during good behavior and competent service, and are subject to dismissal only after formal disciplinary proceedings" (id.). "A teacher who is not to be recommended for tenure must be so notified in writing no later than 60 days before the expiration of his or her probationary period" (id.).

"Tenure by estoppel results when a school board accepts the continued services of a teacher or administrator, but fails to take the action required by law to either grant or deny tenure prior to the expiration of the teacher's probationary term" (Matter of Berrios v Board of Educ. of Yonkers City School Dist., 87 AD3d at 332 [internal quotation marks omitted]). "A teacher who has acquired tenure by estoppel, but is nonetheless improperly terminated, is entitled to reinstatement, retroactive to the last date of employment, back pay, and all accrued benefits" (Matter of Brown v Board of Educ. of Mahopac Cent. Sch. Dist., 129 AD3d at 1071). Here, the petitioner claims that he has established tenure by estoppel pursuant to Education Law § 3012, based upon his service as a regular substitute teacher in the New York City Department of Education prior to his appointment as a probationary teacher in the School District. Accordingly, he contends that his termination, in effect, by the School District, without formal disciplinary proceedings, was affected by an error of law (see CPLR 7803[3]).

IV. Analysis

The Supreme Court correctly determined that, pursuant to Education Law § 3012, a probationary teacher may receive "Jarema credit" towards tenure only for substitute teaching performed in the same district in which the teacher is seeking tenure. The "well-established rules of statutory construction direct that" an analysis of a statute "begins with the language of the statute" (Colon v Martin, 35 NY3d 75, 78 [internal quotation marks omitted]). "This is because the primary consideration is to ascertain the legislature's intent, of which the text itself is generally the best evidence" (id. at 78 [internal quotation marks omitted]; see Matter of Walsh v New York State Comptroller, 34 NY3d 520, 524). A court should construe unambiguous language to give effect to its plain meaning (see Matter of Lemma v Nassau County Police Officer Indem. Bd., 31 NY3d 523, 528). "Further, a statute must be construed as a whole and . . . its various sections must be considered together and with reference to each other" (Colon v Martin, 35 NY3d at 78 [internal quotation marks omitted]). "The maxim expressio unius est exclusio alterius applie[s] in the construction of the statutes, so that where a law expressly describes a particular act, thing or person to which it shall apply, an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted or excluded" (Matter of Benjamin v New York City Empls. Retirement Sys., 170 AD3d 714, 716 [internal quotation marks omitted]). "In other words, the doctrine is an 'interpretive maxim that the inclusion of a particular thing in a statute implies an intent to exclude other things not included'" (Colon v Martin, 35 NY3d at 78, quoting Cruz v TD Bank, N.A., 22 NY3d 61, 72).

Education Law § 3012(1)(a)(ii) specifically delineates that a reduced, three-year probationary period applies both to teachers who were granted tenure in the same school district and to teachers who were granted tenure in a different school district within the state. Thus, the legislature explicitly indicated its intent that a prior grant of tenure would entitle a teacher to a three-year probationary term rather than a four-year probationary term if they sought tenure for a second time, regardless of where in New York they had previously been granted tenure. The legislature included no such qualifying language when discussing teachers who had worked as regular substitutes (see id.). Accordingly, construing the statute as a whole, the exclusion of qualifying language regarding teaching in a different school district when discussing substitute teaching supports the conclusion that the petitioner was not entitled to "Jarema credit" for substitute teaching outside of the School District (see e.g. Colon v Martin, 35 NY3d 75).

This conclusion is also consistent with the legislative history of the "Jarema credit." As evidenced by Jarema's memorandum in support of his bill, his proposal was not intended to provide teachers who had served as regular substitutes shorter probationary periods than other individuals. Rather, he intended for school districts to begin their evaluations of teachers during their time as regular substitutes, as opposed to forcing regular substitutes to start their pre-tenure time anew when they obtained a probationary appointment. Specifically, Jarema recognized that a teacher's abilities could be evaluated within a particular number of years regardless of whether the teacher was a substitute or probationary teacher during those years (see Mem in Support, Bill Jacket, L 1936, ch 680 at 37). This interpretation is further strengthened by the understanding of the Deputy Commissioner and Counsel of the State Education Department, who specified that the bill was intended to help teachers "appointed in a city who [have] already been serving in that city as a substitute teacher for a period of two years" (Mem of the Deputy Commr & Counsel for the State Educ Dept, Bill Jacket, L 1936, ch 680 at 34 [emphasis added]).

Education Law § 3012(1)(a)(ii) provides for a four-year probationary period for teachers generally and a two-year probationary period for teachers who have worked as regular substitutes for two years. Where a teacher works as a regular substitute for two years and as a probationary appointment for two years, all within the same school district, that school district will have had a full four years to evaluate the teacher's performance before making a tenure decision. Thus, regular substitutes within one school district are in the same position as probationary teachers who did not begin as regular substitutes. On the other hand, if this section were construed to include substitute service performed outside of the current school district, then the current school district would only have two years to evaluate the teacher's performance. This result would be inconsistent with Jarema's stated intent (see Mem in Support, Bill Jacket, L 1936, ch 680 at 37).

Accordingly, the Supreme Court properly determined that the petitioner was not entitled to "Jarema credit" for his service as a substitute teacher outside of the School District. Without this credit, it is undisputed that the petitioner did not serve the full probationary period of four years in the School District required by Education Law § 3012, and therefore could not establish tenure by estoppel. Thus, the School District's determination, in effect, to terminate the petitioner's employment was not affected by an error of law (see CPLR 7803[3]).

Therefore, the judgment is affirmed.

BRATHWAITE NELSON, J.P., MILLER and DOWLING, JJ., concur.

ORDERED that the judgment is affirmed, with costs.

ENTER:

Maria T. Fasulo

Clerk of the Court

* Other decision concerning Jarema Credit summarized in NYPPL include:

Jarema credit and eligibilty for tenure [Barbaccia v Locust Valley CSD, 282 AD2d 674]

Jarema Credit and probationary service (Decisions of the Commissioner of Education, 14,557, April 12, 2001 [MacDonald and the North Tonawanda City School District])

Accumulating tenure eligibility credit while serving as an “intern teacher” not authorized [Matter of Berrios v Board of Educ. of Yonkers City School Dist., 2011 NY Slip Op 05804, Appellate Division, Second Department]

Determining the availability of Jarema credit for the purposes of attaining tenure [2015 NY Slip Op 04847]

Only educators holding valid New York State teacher’s certificate are entitled to Jarema service credit in meeting probationary service requirements [Goldberg and the NYC Department of Education, Decisions of the Commissioner of Education 15763.]

Determining service credit for the purpose of attaining tenure by educators serving as substitute employees [https://www.leagle.com/decision/199720090ny2d110119]

Tenure by estoppel (Matter of Andrews v Board of Educ. of the City School Dist. of the City of N.Y., 2010 NY Slip Op 32963(U), [Not selected for publication in the Official Reports]); http://www.courts.state.ny.us/reporter/pdfs/2010/2010_32963.pdf

Recent administrative hearing decisions issued by New York State's Commission of Education Dr. Betty A. Rosa

Termination of a teacher during her serving an extension of her probation period pursuant to written agreements.

The teacher claimed the discontinuance of her probation was unconstitutional or unreasonable. In addition, the teacher contended that she had attained "tenure by estoppel".  She sought, among other relief, an order directing New York City Board of Education “to either grant tenure to [her] or to declare that she has received tenure by estoppel.”

The Commissioner opined that the appointing authority may "discontinue the services of a probationary teacher 'at any time and for any reason, unless the teacher establishes that the termination was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith'”. The Commissioner's noted "bad faith” has been defined as  “[d]ishonesty of belief, purpose, or motive”, citing Appeals of Prisinzano, 62 Ed Dept Rep, Decision No. 18,195, citing Black’s Law Dictionary [11th ed. 2019].

Noting that the petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief, the Commissioner concluded "Petitioner has not proven that [appointing authority] discontinued her probation in bad faith" and dismissed the teacher's appeal.

Click HERE to access Commissioner Rosa's decision posted on the Internet.

 

Challenges to actions of a Board of Education related to school district expenditures and petitions seeking the removal of the superintendent, assistant superintendent, and the  president of the school board.

The Commissioner dismissed one of the Petitioner's two appeals,* explaining the Petitioner failed to join a necessary party. A necessary party, said the Commissioner, is a person or entity "whose rights would be adversely affected by a determination in favor of a petitioner and must be joined as such."

The Commissioner also denied the Petitioner’s second appeal in which he sought the removal of certain named school district officials.

Noting that "The Commissioner of Education may remove a school officer or member of a board of education from office when it is proven to the satisfaction of the Commissioner that the officer or board member has engaged in a willful violation or neglect of duty under the Education Law or has willfully disobeyed a decision, order, rule, or regulation of the Board of Regents or the Commissioner," the Commissioner opined that "Petitioner alleges, without proof" that named school district personnel engaged in a “concerted effort to cover up [their] many transgressions” related to the fundraiser." 

As an example, the Commissioner's decision notes Petitioner admitted that he “do[es] not know for certain” that the board president acted improperly, but complains that she “was absolutely no aid in seeking the truth ....” This speculation, said the Commissioner, "does not constitute proof that any respondent violated the Education Law" and denied the Petitioner's application for removal.

In addition, the Commissioner issued individuals named in the removal application certifications pursuant to Education Law §3811(1). Such s certification authorizes a board of education to indemnify "a respondent for costs incurred in defending against a proceeding arising out of the exercise of the respondent’s powers or the performance of the respondent’s duties as a board member or other official listed in §3811 (1)".

* Because the appeals present similar issues of fact and law, they were consolidated for decision [See 8 NYCRR 275.18] 

Click HERE to access Commissioner Rosa's decision posted on the Internet.

 

Abolishing a position for economic reasons http://www.counsel.nysed.gov/Decisions/volume57/d17142

 

Absent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officer http://www.nycourts.gov/reporter/3dseries/2016/2016_04085.htm

 

Acquiring tenure in the position by "operation of law," sometimes referred to as tenure by estoppel or tenure by acquiesce http://www.nycourts.gov/reporter/3dseries/2018/2018_01063.htm

 

Actions of an employee prior to his or her promotion may properly form the basis for terminating the individual prior to the completion of his or her probationary period  http://www.nycourts.gov/reporter/3dseries/2017/2017_05145.htm

 

Administrative due process in disciplinary actions http://www.nycourts.gov/reporter/3dseries/2018/2018_00205.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_03853.htm

 

Administrative tribunal may not rely on evidence not in the record in arriving at its decision http://www.nycourts.gov/reporter/3dseries/2018/2018_04068.htm

 

Admitting evidence of prior disciplinary action taken against the charged party  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2310.pdf

 

Alcoholism as a defense in a disciplinary action  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2417.pdf

 

Amending disciplinary charges "to conform with the testimony" given by a witness in the course of the disciplinary hearing http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1213-18-1215.pdf

 

An administrative decision made in the course of the exercise of discretion is not subject to judicial review  http://www.nycourts.gov/reporter/3dseries/2019/2019_00780.htm

 

An ambiguity in a provision in a collective bargaining agreement may sometimes be resolved by waiving the parol evidence rule  http://www.nycourts.gov/reporter/3dseries/2019/2019_01476.htm

 

An employee placed on work-connected disability leave pursuant to §207-a or §207-c of the General Municipal Law removed from the position under color of Civil Service Law §71   https://publicpersonnellaw.blogspot.com/search?q=respectfully+ 

 

An employer’s unilaterally adopted policy providing health insurance benefits to employees upon retirement may be rescinded with respect to employees retiring after the effective of the rescission http://www.nycourts.gov/reporter/3dseries/2014/2014_08686.htm

  

Anatomy of an administrative disciplinary decision http://www.nycourts.gov/reporter/3dseries/2018/2018_01764.htm

 

Appeals involving efforts to remove a member of a school board from office http://www.counsel.nysed.gov/Decisions/volume57/d17263; 

See, also, http://www.counsel.nysed.gov/Decisions/volume57/d17160; and, 

http://www.counsel.nysed.gov/Decisions/volume57/d17164

 

Appellate Courts differ regarding the State’s reduction of its employer contribution towards health insurance premiums for certain State retirees http://www.nycourts.gov/reporter/3dseries/2014/2014_03214.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2014/2014_07044.htm

 

Applicant for performance of duty disability retirement benefits must show that his or her disability was the result of an act of an inmate http://www.nycourts.gov/reporter/3dseries/2016/2016_03949.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2014/2014_03322.htm

 

Application for retirement benefits must be timely delivered to and received by the retirement system to be operative http://www.nycourts.gov/reporter/3dseries/2016/2016_03238.htm

 

Application seeking the removal of an employee of a School District  http://www.counsel.nysed.gov/Decisions/volume57/d17274

 

Applying the McDonnell Douglas burden-shifting inquiry protocols  http://www.ca2.uscourts.gov/decisions/isysquery/f07b7692-fa5e-4753-a233-7cbc5c21bdab/2/doc/18-3282_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/f07b7692-fa5e-4753-a233-7cbc5c21bdab/2/hilite/

 

Applying the Pell Doctrine in a disciplinary action http://www.nycourts.gov/reporter/3dseries/2017/2017_03519.htm

 

Appointing authority imposed a more severe penalty than the one recommended by the hearing officer http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2230.pdf

 

Appointing authority’s neglecting to make a timely designation of an individual to serve in lieu of the appointing authority in a §75 disciplinary action is a fatal omission http://www.nycourts.gov/reporter/3dseries/2016/2016_03576.htm

 

Appointment to positions in New York State’s Civil Service https://publicpersonnellaw.blogspot.com/search?q=Appointment+to+positions+in+New+York+State%E2%80%99s+Civil+Service

 

Arbitrator rules that qualified retirees and future retirees to have the same health insurance coverage as the employer's active employees http://www.nycourts.gov/reporter/3dseries/2017/2017_08107.htm

Arbitrator's award may only be vacated by a court if it violates public policy, is irrational or it exceeds specified limitations on the arbitrator's power  http://www.nycourts.gov/reporter/3dseries/2017/2017_06444.htm

 

Article 78 petition seeking the review of the disciplinary penalty imposed on an employee must raise an issue of substantial evidence to warrant Supreme Court’s transfer of the proceeding to the Appellate Division https://publicpersonnellaw.blogspot.com/search?q=Article+78+petition+seeking+the+review+of+the+disciplinary+penalty+imposed+on+an+employee+must+raise+an+issue+

 

Assessing the appropriate penalty to be imposed for unprofessional and disrespectful language in the workplace  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17-73.pdf

 

Assigning law enforcement personnel to perform light duty while receiving benefits pursuant to §207-c of the General Municipal Law  http://www.nycourts.gov/reporter/3dseries/2017/2017_02270.htm

 

Attempting to avoid disciplinary action http://www.nycourts.gov/reporter/3dseries/2016/2016_05608.htm

 

Authority of the arbitrator http://www.courts.state.ny.us/reporter/3dseries/2011/2011_05308.htm

 

Burden of proof shifts to the first responder if he or she fails to demonstrate a causative link between his or her illness and exposure to toxins at the World Trade Center activates http://www.nycourts.gov/reporter/3dseries/2017/2017_08881.htm

 

Burden of serving a proper "notice to appear" at an administrative hearing is the responsibility of the charging party http://www.nycourts.gov/reporter/3dseries/2006/2006_52004.htm; See, also, http://www.nycourts.gov/reporter/pdfs/2008/2008_31935.pdf

 

Challenging a decision to terminate a probationary teacher's employment  http://www.counsel.nysed.gov/Decisions/volume55/d16894; 

See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_03083.htm; and

https://www.leagle.com/decision/19861007122AD2d885_2320/MATTER%20OF%20TAYLOR%20v.%20CASS

 

City's position of Commissioner of General Services continued as jurisdictionally classified in the Competitive Class as appointment to the position [1] can be tested for via competitive examination and, presumably, [2] the duties of the position fail to meet all the requirements of §35(e) of the Civil Service Law and thus it cannot be placed in the Unclassified Service. https://www.timesunion.com/news/article/On-the-verge-of-retiring-Schenectady-s-General-17641238.php

 

Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appointing authority http://www.nycourts.gov/reporter/3dseries/2016/2016_02658.htm

 

Claiming exempt volunteer firefighter status for the purposes of Civil Service Law §75.1(b)  http://www.nycourts.gov/reporter/3dseries/2018/2018_05597.htm

 

Claiming the affirmative defense of "privilege" http://www.nycourts.gov/reporter/3dseries/2017/2017_01922.htm

 

Collective bargaining agreement may establish a vested right to a continuation of the same health coverage as a retiree enjoyed by the individual at the time of his or her retirement http://www.nycourts.gov/reporter/3dseries/2015/2015_02617.htm

 

Commissioner of Education will dismiss an appeal submitted pursuant to Education Law §306, in whole or part, if there are procedural defects or omissions http://www.counsel.nysed.gov/Decisions/volume57/d17360; 

See, also, http://www.counsel.nysed.gov/Decisions/volume56/d17002

 

Common procedural errors or omissions that will bar the Commissioner of Education's considering the merits of an appeal http://www.counsel.nysed.gov/Decisions/volume57/d17239

 

Comptroller has exclusive authority to determine the validity of a beneficiary designation on an application for death benefits, which determination must be supported by substantial evidence http://www.nycourts.gov/reporter/3dseries/2016/2016_00407.htm

 

Conducting disciplinary hearings in absentia http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1046.pdf

 

Conducting student disciplinary proceedings consistent with fundamental notions of due process is an "unwavering obligation" http://www.nycourts.gov/reporter/3dseries/2018/2018_05104.htm

 

Considering a "whistleblower" defense in a disciplinary action  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-2055.pdf

 

Considering breaks in service in determining seniority for the purposes of layoff and reinstatement http://www.nycourts.gov/reporter/3dseries/2017/2017_05657.htm

 

Considering the employee's personnel history is setting a disciplinary penalty http://www.nycourts.gov/reporter/3dseries/2018/2018_03755.htm

 

Constructive discharge from the position as the result of unlawful acts of discrimination http://www.nycourts.gov/reporter/3dseries/2017/2017_07609.htm

 

Continuation of health insurance benefits upon retirement http://www.nycourts.gov/reporter/3dseries/2017/2017_08583.htm

 

Counseling memorandum issued to an employee http://www.counsel.nysed.gov/Decisions/volume57/d17236; 

See, also, https://publicpersonnellaw.blogspot.com/2011/01/constructive-criticism-or-discipline.html

 

Court's review of an administrative decision made after an adversarial hearing is limited to considering if the decision is supported by substantial evidence http://www.nycourts.gov/reporter/3dseries/2017/2017_04447.html

 

Credit the opinion of one medical expert over that of another medical expert when reviewing an application for disability retirement http://www.nycourts.gov/reporter/3dseries/2015/2015_09595.htm

 

Deficiencies in the performance review process of a probationary teacher that were not merely technical undermined the integrity and fairness of the process http://www.nycourts.gov/reporter/3dseries/2016/2016_03454.htm

 

Delegating the authority to make a final disciplinary decision and the determination of the penalty to be imposed to another http://www.nycourts.gov/reporter/3dseries/2018/2018_05474.htm

 

Demanding an employee submit his or her resignation from his or her position http://www.nycourts.gov/reporter/3dseries/2017/2017_08115.htm

 

Determining “continuous residency” for the purpose of qualifying for public office or employment http://www.nycourts.gov/reporter/3dseries/2016/2016_05842.htm

 

Determining an appropriate disciplinary penalty under the circumstances http://www.nycourts.gov/reporter/3dseries/2017/2017_03098.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_03104.htmand 

http://booklocker.com/7401.html

 

Determining an educator's seniority for the purposes of layoff http://www.counsel.nysed.gov/Decisions/volume57/d17140; See, also, http://www.counsel.nysed.gov/Decisions/volume50/d16158.htm

 

Determining an employee's health insurance benefits upon his or her retirement http://www.nycourts.gov/reporter/3dseries/2018/2018_04886.htm

 

Determining if a dispute between a public employer and a public employee organization is arbitrable  http://www.nycourts.gov/reporter/3dseries/2018/2018_03356.htm

 

Determining if an administrative agency's decision is arbitrary and capricious http://www.nycourts.gov/reporter/3dseries/2016/2016_01446.htm

 

Determining if an employee is eligible for accidental disability retirement benefits  http://www.nycourts.gov/reporter/3dseries/2018/2018_03201.htm

 

Determining if an expired collective bargaining agreement provided certain retirees with vested health insurance benefits http://www.nycourts.gov/reporter/3dseries/2020/2020_02843.htm

 

Determining if an incident qualifies as an accident for the purposes determining eligibility for accidental disability retirement benefits http://www.nycourts.gov/reporter/3dseries/2016/2016_05420.htm

 

Determining if benefits set out in a collective bargaining agreement survive the expiration of the agreement http://www.nycourts.gov/reporter/3dseries/2020/2020_00453.htm

 

Determining seniority for the purpose of layoff and establishing an educator's position on a "preferred list" for the purpose of reinstatement http://www.counsel.nysed.gov/Decisions/volume56/d17028; 

See, also, http://www.counsel.nysed.gov/Decisions/volume57/d17137.

 

Determining the amount of the General Municipal Law §207-a (2) supplement payable to a firefighter upon his or her retirement for disability because of a work related injury or disease  http://www.nycourts.gov/reporter/3dseries/2017/2017_06533.htm

 

Determining the appropriate procedure to be followed when filing disciplinary charges against a police officer of a town http://www.nycourts.gov/reporter/3dseries/2016/2016_06090.htm

 

Determining the disability benefits due a firefighter as the result of a work-related injury can be complex http://www.nycourts.gov/reporter/3dseries/2016/2016_02129.htm

 

Determining the impact of performing light, limited or restricted duty on applications for disability retirement benefits http://www.nycourts.gov/reporter/3dseries/2016/2016_03942.htm

 

Determining the status and rights of an employee in the public service terminated from his or her employment http://www.nycourts.gov/reporter/3dseries/2016/2016_05604.htm

 

Difficulties result following the appointment of a teacher to an “unauthorized tenure area” http://www.counsel.nysed.gov/Decisions/volume56/d17011

 

Disability finding of the Social Security Administration is not dispositive of the Retirement System's Medical Board's disability determination http://www.nycourts.gov/reporter/3dseries/2020/2020_01256.htm

 

Disability not a defense to charges of excessive absence from work http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1410.pdf

 

Disciplinary action follows employee's disrespectful and intimidating behavior towards superiors  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2307.pdf

 

Disciplinary actions pursuant to Education Law §3020-a processed consistent with compulsory arbitration standards http://www.nycourts.gov/reporter/3dseries/2016/2016_07656.htm

 

Disciplinary charges must be served on the target of the disciplinary action on or before the expiration of the period set by the controlling statute of limitations http://www.nycourts.gov/reporter/3dseries/2017/2017_02513.htm

 

Disciplinary hearing officer may not consider disciplinary charges and specifications not preferred against an employee http://www.nycourts.gov/reporter/3dseries/2017/2017_02868.htm

 

Disciplinary hearing officer permitted to "draw the strongest inferences" from the record in the event the charged individual declines to testify at his or her   disciplinary hearing http://www.nycourts.gov/reporter/3dseries/2017/2017_02513.htm

 

Disciplinary hearing postponed “without prejudice” pending successful completion of a probationary period with another agency http://archive.citylaw.org/oath/wp-content/uploads/sites/17/oath/16_cases/16-2054md.pdf

 

Disciplinary hearings held in absentia http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-728.pdf

 

Disciplinary penalty imposed, termination, held reasonable under the circumstances http://www.nycourts.gov/reporter/3dseries/2016/2016_00505.htm

 

Disciplinary probation http://www.nycourts.gov/reporter/3dseries/2018/2018_02170.htm

 

Discrepancy between the contemporaneous incident reports and the applicant’s testimony at the subsequent hearing presents a credibility issue to be resolved by the hearing officer http://www.nycourts.gov/reporter/3dseries/2016/2016_07077.htm

 

Dismissing an employee before he or she has completed his or her probationary period  http://www.nycourts.gov/reporter/3dseries/2017/2017_06713.htm

 

Distinguishing between an individual's "domicile" and his or her "residence" http://www.nycourts.gov/reporter/3dseries/2018/2018_03400.htm

 

Doctrine of Abatement: applied in a criminal action http://www.ca2.uscourts.gov/decisions/isysquery/480bdaba-f569-4afc-a463-3b392b0da1be/5/doc/15-3979_opn.pdf - xml=http://www.ca2.uscourts.gov/decisions/isysquery/480bdaba-f569-4afc-a463-3b392b0da1be/5/hilite/

 

Doctrine of Collateral Estoppel bars re-litigating an issue raised and decided by a judicial tribunal in a prior action or proceeding involving the same parties but does not bar litigating claims involving the same parties that were not previously considered in prior administrative or judicial actions http://www.nycourts.gov/reporter/3dseries/2017/2017_06264.htm

 

Doctrine of Legislative Equivalency defeats a Mayor’s unilateral decision to abolish a position in the civil service http://www.nycourts.gov/reporter/3dseries/2016/2016_00501.htm

 

Doctrine of Primary Jurisdiction http://www.nycourts.gov/reporter/3dseries/2013/2013_07487.htm

 

Doctrine of Sovereign Immunity held to have been waived with respect to litigation challenging an arbitration award https://publicpersonnellaw.blogspot.com/2018/02/sovereign-immunity-absolute-immunity_12.html

 

Does the public have a right of access to a hearing concerning the removal of a member of a school board for official misconduct? http://www.nycourts.gov/reporter/3dseries/2017/2017_04624.htm

 

Due process considerations in the event an employee is terminated from his or her probationary period http://www.nycourts.gov/reporter/3dseries/2018/2018_02327.htm

 

Educator challenges the abolition of positions and the assignment of her former teaching duties to other teachers http://www.counsel.nysed.gov/Decisions/volume55/d16917

 

Educator seeking to overturn an unsatisfactory annual performance rating must meet its very high standard of proof http://www.counsel.nysed.gov/Decisions/volume57/d17192

 

Educator terminated for a continuing pattern of inappropriate behavior involving students  http://www.nycourts.gov/reporter/3dseries/2017/2017_04779.htm

 

Educator terminated for doing exactly what he was permitted and encouraged to do by his employer http://www.nycourts.gov/reporter/3dseries/2016/2016_51252.htm

 

Educator's unsatisfactory performance rating for the academic year supported by the "detailed descriptions" of educator's difficulties in the classroom in the record http://www.nycourts.gov/reporter/3dseries/2017/2017_03891.htm

 

Eligibility for workers’ compensation benefits based on work-related stress http://www.nycourts.gov/reporter/3dseries/2016/2016_07734.htm

 

Employee dismissed pursuant to §75 of the Civil Service Law for incompetency based on excessive absenteeism http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-2238.pdf

 

Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the process http://www.nycourts.gov/reporter/3dseries/2016/2016_01321.htm

 

Employee may be subjected to disciplinary action for misusing his or her sick leave accruals http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1468.pdf.pdf

 

Employee on Workers’ Compensation Leave continues to be subject to his or her employer’s rules and regulations concerning policies applicable to all its employees http://www.nycourts.gov/reporter/3dseries/2016/2016_00234.htm

 

Employee penalized 60-day suspension without pay after striking a patient and failing to report the incident http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-584.pdf

 

Employee served with disciplinary charges alleging he was "singing on the job" http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-2524.pdf

 

Employee terminated following the loss of the license required to perform the duties of the position http://www.nycourts.gov/reporter/3dseries/2018/2018_02827.htm

 

Employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back pay http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1355.pdf

 

Employee’s continuing to accept public assistance benefits after being employed to manage public assistance benefits held incompatible with such employment http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1653.pdf

 

Employee’s disciplinary history for rudeness and insubordination considered in determining disciplinary penalty to be imposed http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16-124.pdf

 

Employee’s misuse of employer’s email results in dismissal http://www.employmentlawdaily.com/index.php/news/fired-for-using-internal-email-system-to-send-religious-messages-fire-captain-loses-free-speech-claim/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29

 

Employee’s testimony at the hearing differed from statements he gave during an investigative raised a question of credibility for the hearing officer to resolve http://www.nycourts.gov/reporter/3dseries/2015/2015_08947.htm

 

Employee’s use of the employer's electronic equipment - disciplinary action being taken against an employee  http://www.employmentlawdaily.com/index.php/news/fired-for-using-internal-email-system-to-send-religious-messages-fire-captain-loses-free-speech-claim/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29 

 

Employee's resignation after being found guilty of disciplinary charges forfeits his or her right to demand arbitration https://publicpersonnellaw.blogspot.com/2018/07/employee-resignation-after-being-found.html

 

Employer advanced good faith reasons supporting its decision to terminate a probationary employee http://www.nycourts.gov/reporter/3dseries/2018/2018_01240.htm

 

Employer entitled to reimbursement of the cost of post-employment health insurance benefits it erroneously paid on behalf of a former employee https://publicpersonnellaw.blogspot.com/2014/07/employer-entitled-to-reimbursement-of.html

 

Employer provided retirees with the health benefits to which they were entitled upon retirement under the collective bargaining agreement https://publicpersonnellaw.blogspot.com/2014/06/employer-provided-retirees-with-health.html

 

Employer’s unilateral discontinuing its past practice of paying the full cost of health insurance for its retirees held a violation of §209-a.1(d) of the Taylor Law https://publicpersonnellaw.blogspot.com/2014/05/employers-unilateral-discontinuing-its.html

 

Employer's payment of employer contributions towards an employee's health insurance premiums discontinued during the employee's disciplinary suspension without pay  http://www.nycourts.gov/reporter/3dseries/2010/2010_51684.htm

 

Employer's personnel policies may be operative with respect to its employees' conduct while its employees are "off-duty"  http://www.ca2.uscourts.gov/decisions/isysquery/c2a7dadd-d6fc-4e58-a3d1-4991a70f33ce/10/doc/16-3007_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c2a7dadd-d6fc-4e58-a3d1-4991a70f33ce/10/hilite/

 

Employer's termination of a biologically male employee transitioning from male to female held unlawful discrimination on the basis of sex  https://cases.justia.com/federal/appellate-courts/ca6/16-2424/16-2424-2018-03-07.pdf?ts=1520443817

 

Employment history of an employee found guilty of one or more disciplinary charges may be considered in setting the disciplinary penalty to be imposed http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-2743.pdf

 

Essentials of challenging an employee disciplinary action where compulsory arbitration is involved http://www.nycourts.gov/reporter/3dseries/2016/2016_02544.htm

 

Evaluating claims of mitigating circumstances in considering challenges to the disciplinary penalty imposed by the appointing authority
http://www.nycourts.gov/reporter/3dseries/2008/2008_07181.htm 

See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_03582.htm

 

Evidence that the firefighter suffered disease or malfunction of the heart as the result of his or her duties and activities required to trigger the statutory presumption set out in the Volunteer Firefighters' Benefit Law http://www.nycourts.gov/reporter/3dseries/2016/2016_06535.htm

 

Exceptions to the Doctrine of Exhaustion of Administrative Remedies http://www.nycourts.gov/reporter/3dseries/2015/2015_07272.htm

 

Exceptions to the general rule that only the union or the employer may demand that an issue be submitted to arbitration http://www.nycourts.gov/reporter/3dseries/2016/2016_05924.htm

 

Factual findings made in a disciplinary hearing have a collateral estoppel effect where the individual had a full and fair opportunity to litigate the alleged misconduct at that hearing http://www.nycourts.gov/reporter/3dseries/2016/2016_00743.htm

 

Failing to designate the individual to conduct a disciplinary hearing pursuant to §75 of the Civil Service Law in writing is a fatal jurisdictional error http://www.nycourts.gov/reporter/3dseries/2017/2017_02649.htm

 

Failing to provide a fair hearing requires the voiding a Civil Service Commission’s decision sustaining the termination of an employee by the appointing authority http://cases.justia.com/california/court-of-appeal/2016-f070473.pdf?ts=1459283424

 

Failure to comply with emergency leave regulation  Dep’t of Sanitation v. Perez

 

Failure to honor a known policy of the employer can constitute disqualifying misconduct for the purpose eligibility for unemployment insurance benefits http://www.nycourts.gov/reporter/3dseries/2016/2016_06526.htm

 

Federal and State laws, rules and regulations control affecting public sector officers and employees engage in partisan political activities https://publicpersonnellaw.blogspot.com/2016/05/federal-and-state-laws-rules-and.html

 

Fifth Amendment's bar against “self-incrimination” does not protect an individual who lies in the course of an official inquiry  2016 NY Slip Op 08368

 

Filing disciplinary charges against an employee where the absence is due to an injury or disease  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-648.pdf

 

Findings of fact in support of the appointing authority’s decision to terminate an employee required to survive the employee’s judicial challenge seeking reinstatement to his or her former position 2016 NY Slip Op 07908

 

Findings of fact made by a §75 hearing officer are given collateral estoppel effect in considering a terminated individual's application for unemployment insurance benefits http://www.nycourts.gov/reporter/3dseries/2017/2017_04335.htm

 

Fire district or municipal corporation may file an application for disability retirement on behalf of a firefighter receiving General Municipal Law §207-a.1 benefits http://www.nycourts.gov/reporter/3dseries/2016/2016_05220.htm

 

Firefighter Rule bars police officer from suing his or her employer or a coworker for injuries suffered while on duty http://www.nycourts.gov/reporter/3dseries/2016/2016_02586.htm

 

Forfeiture of employee retirement contributions made to a New York State public retirement system http://www.ca2.uscourts.gov/decisions/isysquery/0227062b-c942-4ce4-8bb4-82668b8dddf0/1/doc/14-1862_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/0227062b-c942-4ce4-8bb4-82668b8dddf0/1/hilite/

 

Freedom of speech  http://nypublicpersonnellawarchives.blogspot.com/2007/01/freedom-of-association.html See, also, https://publicpersonnellaw.blogspot.com/2011/03/freedom-of-information-and-speech.html

 

General Municipal Law §207-a(2) salary supplement becomes payable by the employer upon a firefighters retirement with accidental or line of duty disability benefits  http://www.nycourts.gov/reporter/3dseries/2016/2016_04225.htm

 

Giving an employee a negative performance rating because the rater “didn’t have time” to rate the employee’s performance is irrational, arbitrary and capricious  http://www.counsel.nysed.gov/Decisions/volume56/d16985

 

Guidelines followed by courts in reviewing a challenge to a disciplinary decision made after a hearing held pursuant to compulsory arbitration  http://www.nycourts.gov/reporter/3dseries/2017/2017_07122.htm

 

Health insurance benefits set out in collective bargaining agreement found to have survived expiration of agreement and the employee's resignation  http://www.nycourts.gov/reporter/3dseries/2018/2018_08792.htm

 

Hearing officer considers failed efforts at “progressive discipline” in setting disciplinary penalty  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1721.pdf

 

Hearing officer is entitled to weigh the parties' conflicting evidence and to assess the credibility of witnesses where room for choice exists  http://www.nycourts.gov/reporter/3dseries/2016/2016_00785.htm

 

Hearsay may constitute "substantial evidence" supporting the tribunal's findings in an administrative hearing http://www.nycourts.gov/reporter/3dseries/2017/2017_05147.htm

 

Hearsay testimony may be admitted in evidence in an administrative hearing http://www.nycourts.gov/reporter/3dseries/2017/2017_03267.htm

 

If an employee engaged in repeated acts constituting disloyalty to the employer, forfeiture of compensation and benefits is warranted under the Faithless Servant Doctrine  http://www.nycourts.gov/reporter/3dseries/2016/2016_04289.htm

 

If the collective bargaining agreement does not set out procedures for conducting GML §207-c hearings, the employer is free to establish such a procedure unilaterally  http://www.nycourts.gov/reporter/3dseries/2016/2016_02096.htm

 

Implementing an arbitrator's decision after the appointing authority failed to timely comply with the provisions set out in a collective bargaining agreement  http://www.counsel.nysed.gov/Decisions/volume58/d17468

 

Imposing a "disciplinary probation period" as part of the penalty or settlement of a disciplinary action  http://www.nycourts.gov/reporter/3dseries/2016/2016_04084.htm

 

Imposing a lesser disciplinary penalty than the one recommended by the disciplinary hearing officer  http://www.nycourts.gov/reporter/3dseries/2017/2017_01628.htm

 

Imposing multiple disciplinary penalties on an employee found guilty of misconduct   http://www.nycourts.gov/reporter/3dseries/2016/2016_03326.htm

 

Inability to satisfactorily perform the duties of the position due to an alleged disability  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-858.pdf

 

Increasing a retired employee's contributions for health insurance premiums  http://www.ca2.uscourts.gov/decisions/isysquery/a9a7d59f-59fc-4e77-a184-1fff3c5958dd/3/doc/18-1348_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/a9a7d59f-59fc-4e77-a184-1fff3c5958dd/3/hilite/

 

Individual cannot be found guilt of misconduct not charged in the notice of discipline  http://www.nycourts.gov/reporter/3dseries/2016/2016_01775.htm

 

Individual has no property interest in his or her former employment once he or she is discharged  http://law.justia.com/cases/federal/appellate-courts/ca7/16-3743/16-3743-2017-07-12.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2017-07-14-labor-employment-law-cf0f45d344&utm_content=text-case-title-8

 

Individual is disqualified from receiving unemployment insurance benefits if he or she lost his or her employment as a result of acts constituting a felony  http://www.nycourts.gov/reporter/3dseries/2016/2016_05017.htm

 

Individual is not deemed permanently disabled if undergoing a reasonably safe surgical procedure would permit the individual to perform the duties of his or her position   http://www.nycourts.gov/reporter/3dseries/2017/2017_07026.htm

 

Individual or organization must have “standing” in order to maintain an Article 78 action challenging an administrative decision  http://www.nycourts.gov/reporter/3dseries/2016/2016_02154.htm

 

Individual whose position has been abolished must prove that the appointing authority abolished the position in bad faith or in an effort to circumvent the Civil Service Law http://www.nycourts.gov/reporter/3dseries/2018/2018_04612.htm

 

Individual wishing to withdraw or rescind his or her resignation after delivery to the appointing authority must fully comply with all relevant rules and regulations  http://www.nycourts.gov/reporter/3dseries/2016/2016_04116.htm

 

Individual's General Municipal Law §207-c benefits may be discontinued where the decision to do so is supported by substantial evidence  http://www.nycourts.gov/reporter/3dseries/2018/2018_04873.htm

 

Individual's retiring from his or her position to avoid disciplinary action may have unexpected consequences  http://www.nycourts.gov/reporter/3dseries/2006/2006_00697.htm

 

Individual's right to due process is truncated if he or she is persuaded not to attend his or her administrative hearing  http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1512.Opinion.1-12-2017.1.PDF

 

Injuries sustained by a trainee during a training exercise ruled the result of an accident for the purposes of claiming eligibility for accidental disability retirement benefits  http://www.nycourts.gov/reporter/3dseries/2016/2016_00003.htm 

In contrast, see http://nypublicpersonnellawarchives.blogspot.com/2007/03/injury-during-training-exercise-ruled.html

 

Installing Global Positioning System equipment in devices used by employees during work    http://www.ca2.uscourts.gov/decisions/isysquery/60b89ba4-0cbf-4fc3-acda-0445d569bca0/10/doc/14-405_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/60b89ba4-0cbf-4fc3-acda-0445d569bca0/10/hilite/

See, also: http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf;

http://www.nycourts.gov/reporter/3dseries/2009/2009_03762.htm;

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08529.htm;

http://www.nycourts.gov/reporter/3dseries/2013/2013_04838.htm; and

http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03593.htm

 

Insubordinate and discourteous conduct  https://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-2340.pdf

 

Judicial review of a board's administrative decision flowing from a tie vote http://www.nycourts.gov/reporter/3dseries/2020/2020_01497.htm

 

Judicial review of a determination arrived at following a quasi-judicial hearing is typically limited to determining if the decision is supported by substantial evidence    http://www.nycourts.gov/reporter/3dseries/2017/2017_05608.htm

 

Judicial review of determinations made after a hearing denying a police officer's application for General Municipal Law §207-c disability benefits  http://www.nycourts.gov/reporter/3dseries/2017/2017_08663.htm

 

Lack of prior misconduct not sufficient to mitigate imposing the penalty of dismissal given the fraudulent nature of the individual’s misconduct  http://www.nycourts.gov/reporter/3dseries/2016/2016_02921.htm

 

Lack of standing and failure to name a necessary party dooms an appeal to the Commissioner of Education  http://www.counsel.nysed.gov/Decisions/volume55/d16870

 

Layoff of seasonal employees constituted a termination of employment for the purposes of Public Authorities Law §2629(2)(a)  http://www.nycourts.gov/reporter/3dseries/2018/2018_04998.htm

 

Leaving employment without good cause will disqualify an applicant for unemployment insurance benefits  http://www.nycourts.gov/reporter/3dseries/2016/2016_03042.htm

 

Maintaining a proper chain of custody of evidence to be used in a disciplinary action  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1389.pdf

 

Making false statements concerning the employee's performance of his or her duties  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1147.pdf 

See, also, http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1244.pdf

 

Making false statements to investigators concerning alleged misconduct   OATH Index Nos. 1342/16 and  1904/16

 

Member service credit in the New York State Teachers' Retirement System upon the reemployment of an individual receiving a disability retirement allowance by a New York State public employer  http://www.nycourts.gov/reporter/3dseries/2016/2016_04777.htm

 

Minor gaps and errors in the hearing transcript made at an administrative hearing did not preclude meaningful review of the hearing  http://www.nycourts.gov/reporter/3dseries/2015/2015_09431.htm

 

Motions to have an administrative law judge recuse himself or herself from presiding at a disciplinary hearing   http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-211md.pdf

 

Municipality may discontinue a retiree’s health insurance benefit in the absence of a contract or provision of law granting the retirees a vested right to such a benefit  http://www.nycourts.gov/reporter/3dseries/2014/2014_06056.htm 

 

Name clearing hearings  https://www.leagle.com/decision/19961175167misc2d100811018; 

See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_02018.htm

 

Negotiating disciplinary procedures for City of Schenectady police officers held a prohibited subject of collective bargaining  http://www.nycourts.gov/reporter/3dseries/2017/2017_07210.htm

 

Negotiating on behalf of active employees concerning to benefits available to them following retirement and negotiating on behalf of retired employees: [Oneida PBA v. City of Oneida, PERB Case U-5805].

 

New York City employee found guilty of used his employer's telephone and computer equipment for his political campaign while at work  http://www.nycourts.gov/reporter/3dseries/2017/2017_02366.htm 

See, also, http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-1657.pdf

 

New York City police officer who filed fabricated complaints with the New York City Civilian Complaint Review Board dismissed from the department  http://www.nycourts.gov/reporter/3dseries/2018/2018_01435.htm

 

New York State and Local Retirement System member has only 30 days following the “date of payability” of his or her retirement allowance to change his or her retirement option  http://www.nycourts.gov/reporter/3dseries/2016/2016_02698.htm

 

OATH Administrative Law Judge recommended dismissal of disciplinary charges after finding supervisors’ testimony was unsupported by reliable documentary evidence  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-195.pdf

 

OATH disciplinary hearing held in absentia:  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1046.pdf

N.B. Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation resulting from conducting a disciplinary hearing in absentia.

 

Obligation to arbitrate the matter arising through a statutory mandate set out in Education Law §3020-a requires that the arbitrator’s determination be subject to "closer judicial scrutiny."    https://www.nycourts.gov/reporter/3dseries/2016/2016_07329.htm

 

Opening a disciplinary hearing to the public and other procedural matters addressed in an appeal to the Commissioner of Education   http://www.counsel.nysed.gov/Decisions/volume55/d16861 

 

Optional Retirement Plan  https://publicpersonnellaw.blogspot.com/2014/08/the-state-university-of-new-yorks_6.html

 

Overtime paid to a police officer on “special-duty” for service performed for a private entity not included in determining the officer’s “final average salary” for retirement purposes  http://www.nycourts.gov/reporter/3dseries/2015/2015_08027.htm 

See, also, http://www.nycourts.gov/reporter/3dseries/2015/2015_08015.htm

 

Party seeking to modify an arbitration award must comply with the relevant provisions of Article 75 of the Civil Practice Law and Rules  http://www.nycourts.gov/reporter/3dseries/2016/2016_01592.htm

 

Penalty of dismissal imposed on educator ruled shocking to its sense of fairness http://www.nycourts.gov/reporter/3dseries/2017/2017_01628.htm

 

Penalty of dismissal recommended for an employee found guilty of violating the public trust and other disciplinary charges  http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1767.pdf

 

Penalty of termination sustained in light of the employee's statement about "going postal"    http://www.nycourts.gov/reporter/3dseries/2020/2020_01496.htm

 

Penalty of termination to “jolt” the employee to understand of the seriousness of his misconduct remanded for the imposition of a lesser penalty  http://www.nycourts.gov/reporter/3dseries/2016/2016_06184.htm

 

Petitioner's appeal from a Board of Education's seniority determination for the purposes of layoff dismissed for failure to make "proper service" on all the parties  http://www.counsel.nysed.gov/Decisions/volume57/d17234

 

Placing an employee on involuntary leave pursuant to Civil Service Law §72.5 http://www.nycourts.gov/reporter/3dseries/2018/2018_05649.htm; 

See, also, http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-2443.pdf

 

Plausibility Standard  http://www.ca2.uscourts.gov/decisions/isysquery/c4770246-7542-444d-8f84-5183ce69bf2f/1/doc/16-2004_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c4770246-7542-444d-8f84-5183ce69bf2f/1/hilite/

 

Police confrontations with mentally impaired citizens and inmates  http://www.aele.org/sheehan-torres.pdf

 

Police detective who did not properly discharge his duties not entitled to a defense or indemnification by the employer in a lawsuit in which he or she is a defendant  https://www.nycourts.gov/reporter/3dseries/2017/2017_00649.htm

 

Police officer eligible to receive General Municipal Law §207-c benefits may file a claim against his or her employer pursuant to General Municipal Law §205-e http://www.nycourts.gov/reporter/3dseries/2016/2016_07817.htm

 

Police officer holds a position of great sensitivity and trust and is subject to a higher standard of fitness and character than "ordinary civil servants" http://www.nycourts.gov/reporter/3dseries/2017/2017_04596.htm

 

Police officer terminated following being found guilty of downloading and possessing child pornography http://www.nycourts.gov/reporter/3dseries/2017/2017_09243.htm

 

Police officer's accident disability retirement benefits are to be offset against the injured retiree's jury award for future lost earnings and pension  http://www.nycourts.gov/reporter/3dseries/2018/2018_04273.htm

 

Police offices and firefighters applying for accidental disability retirement benefits must demonstrate that his or her incapacity was the "natural and proximate result of an accident" within the meaning of §363[a][1] of the Retirement and Social Security Law http://www.nycourts.gov/reporter/3dseries/2018/2018_01016.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2018/2018_01019.htm

 

Presumption that an accident that occurred in the course of employment arose out of that employment  http://www.nycourts.gov/reporter/3dseries/2016/2016_05892.htm

 

Probationary employee has the burden of showing his or her termination was unlawful

The Trial Court's decision is posted on the Internet at: 

http://www.nycourts.gov/reporter/pdfs/2013/2013_34073.pdf

The Court of Appeal's decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2016/2016_06947.htm

Probationary employee may not be terminated in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law   http://www.nycourts.gov/reporter/3dseries/2016/2016_02821.htm

 

Probationer challenging dismissal from the position claims to have suffered extreme emotional distress   http://www.nycourts.gov/reporter/3dseries/2016/2016_01854.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_01819.htm

 

Procedural errors to avoid in an appeal submitted to the Commissioner of Education http://www.counsel.nysed.gov/Decisions/volume57/d17166

 

Procedural misstep in processing an appeal to the Commissioner of Education could result in a fatal jurisdictional defect http://www.counsel.nysed.gov/Decisions/volume54/d16698

 

Procedural requirements with which a resident of a school district must comply when seeking to remove a school officer from his or her position   http://www.counsel.nysed.gov/Decisions/volume55/d16874

 

Processing an application for accidental disability retirement   http://www.nycourts.gov/reporter/3dseries/2016/2016_05893.htm 

See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_05894.htm

 

Processing appeals to the Commissioner of Education seeking the removal of a member of a Board of Education   http://www.counsel.nysed.gov/Decisions/volume57/d17148; 

See, also, http://www.counsel.nysed.gov/Decisions/volume57/d17149and 

http://www.counsel.nysed.gov/Decisions/volume57/d17150

 

Proper service of the petition and notice of the petition of an appeal to the Commissioner of Education critical to the Commissioner assuming jurisdiction   http://www.counsel.nysed.gov/Decisions/volume57/d17402

 

Public employee's misconduct while "off-duty" may result in disciplinary action being initiated against the employee by his or her appointing authority   http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1229.pdf

 

Public officer threatening to do something that he or she may lawfully due does not constitute coercion http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2014/20140613/109634.pdf

 

Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination http://www.nycourts.gov/reporter/3dseries/2017/2017_02421.htm

 

Redacting the name of a party in an administrative disciplinary action from the decision   http://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-724.pdf

 

Reducing health insurance prescription co-pay benefits for an employer’s retirees to the same level as the employer’s active employees' prescription co-pay benefit   http://www.nycourts.gov/reporter/3dseries/2016/2016_06315.htm

 

Reducing or discontinuing a NYSHIP participating employer's contributions towards a retired employee's health insurance premium   http://www.nycourts.gov/reporter/3dseries/2017/2017_05960.htm

 

Refusing to accept the resignation submitted by an employee  http://www.counsel.nysed.gov/Decisions/volume56/d17007

 

Reimbursement of Medicare premiums paid by retirees participating in their former employer’s health insurance plan http://www.courts.state.ny.us/reporter/3dseries/2013/2013_04379.htm

Reimbursement of retiree Medicare premiums found to be a form of deferred compensation may not be unilaterally discontinued by the employer http://www.nycourts.gov/reporter/3dseries/2019/2019_00940.htm

 

Rejection of a hearing officer's finding of fact and determination by the appointing authority http://www.nycourts.gov/reporter/3dseries/2018/2018_03407.htm

 

Removing a judge from his or her office http://www.nycourts.gov/reporter/3dseries/2017/2017_07207.htm

 

Removing a school official for an alleged unauthorized disclosure of confidential information http://www.counsel.nysed.gov/Decisions/volume57/d17422

 

Removing a town, village, improvement district or fire district officer, other than a justice of the peace, from his or her office http://www.nycourts.gov/reporter/3dseries/2016/2016_04420.htm

 

Removing a volunteer firefighter from his or her position  http://www.nycourts.gov/reporter/3dseries/2016/2016_01844.htm

 

Requiring a firefighter injured in the line of duty to accept a "light duty" assignment and where appropriate to undergo surgery http://www.nycourts.gov/reporter/3dseries/2018/2018_03528.htm 

See, also, https://www.leagle.com/decision/199556585ny2d4801523

 

Requiring an educator submit to a medical examination to determine his or her ability to perform the duties of his or her position http://www.counsel.nysed.gov/Decisions/volume56/d16991

 

Requiring employees to submit to a “dog-sniffing test” for illegal drugs https://casetext.com/case/corr-officers-benevolent-assn-v-city-of-ny-1

 

Restoration of leave credits used by employees electing to remain on the payroll while on Workers’ Compensation Leave pursuant to Civil Service Law §71 http://www.nycourts.gov/reporter/3dseries/2016/2016_00562.htm

 

Retiree is not affected by post-retirement collective bargaining negotiations concerning health insurance contributions absent specific contract language to that effect in place at the time of his or her retirement http://www.courts.state.ny.us/reporter/3dseries/2013/2013_05032.htm

 

Retirees had vested health insurance rights that could not be abrogated by successor collective bargaining agreement http://www.nycourts.gov/reporter/3dseries/2013/2013_08290.htm

 

Right to a disciplinary hearing survives the individual’s resignation or retirement from the position http://law.justia.com/cases/california/court-of-appeal/2016/e060294.html

 

Right to administrative due process not compromised by a three-year delay in conducting a disciplinary hearing and, or, other alleged procedural errors http://www.nycourts.gov/reporter/3dseries/2017/2017_02641.htm

 

Salary reduction upon reassignment to another position in the course of an agency reorganization is not a disciplinary action requiring notice and hearing  http://www.nycourts.gov/reporter/3dseries/2017/2017_08431.htm

 

School Board asks the Commissioner of Education to remove the president of the school board from the position http://www.counsel.nysed.gov/Decisions/volume55/d16857

 

School board member who acts on the advice of counsel will not be found to have engaged in a willful violation or neglect of duty  http://www.counsel.nysed.gov/Decisions/volume57/d17307

 

School board seeks to remove a sitting member from the board for alleged "official misconduct" http://www.counsel.nysed.gov/Decisions/volume57/d17204

 

School district must offer its Medicare-eligible retirees the same health insurance benefits the district offers to its active employees http://www.nycourts.gov/reporter/3dseries/2013/2013_23274.htm

 

School district’s decision to abolish a position and have a BOCES assume performing the duties of the abolished position constitutes a “transfer of a function” within the meaning of Civil Service Law §70(2) https://www.nycourts.gov/reporter/3dseries/2016/2016_08139.htm

 

School district's active employee and the district’s retired employee must be provided with identical health insurance benefits http://www.nycourts.gov/reporter/3dseries/2015/2015_01098.htm

School employee who elected to submit an issue for resolution through a contractual grievance procedure may not appeal the same issue to the Commissioner of Education pursuant to Education Law §310 http://www.counsel.nysed.gov/Decisions/volume57/d17235

 

Seniority for the purposes of layoff and reinstatement from a preferred list set out in "settlement agreement" http://www.nycourts.gov/reporter/3dseries/2016/2016_01402.htm

 

Sleeping on duty https://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-165.pdf

 

Social Security Administration’s disability determination not binding on a public retirement system of this State http://www.nycourts.gov/reporter/3dseries/2016/2016_00782.htm

 

Spoliation of evidence http://www.nycourts.gov/reporter/3dseries/2017/2017_04593.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_06995.htm

 

State’s reduction of its employer contribution for health insurance premiums http://www.nycourts.gov/reporter/3dseries/2014/2014_03214.htm 

See, also, http://www.nycourts.gov/reporter/3dseries/2014/2014_07044.htm

 

Statutory rights of employees of the State and political subdivisions of the State absent from work as the result of a work-related injury or disease http://www.nycourts.gov/reporter/3dseries/2018/2018_03411.htm

 

Stipulation of settlement cannot withdrawn from the stipulation on the basis that it had "improvidently" agreed to it https://www.nycourts.gov/reporter/3dseries/2016/2016_02131.htm

 

Stipulation waiving rights to a disciplinary hearing and agreement to resign from the position may not disqualify the individual for Unemployment Insurance benefits http://www.nycourts.gov/reporter/3dseries/2017/2017_05885.htm 

See, also, https://www.nycourts.gov/reporter/3dseries/2016/2016_06526.htm

 

Strikes by public employee in the United States the focus of an article dated January 14, 1966 published by Time Magazine posted on the Internet at https://content.time.com/time/subscriber/printout/0,8816,835012,00.html  

 

Summarily terminating a federal officer holding a term appointment from his or her position https://www.cadc.uscourts.gov/internet/opinions.nsf/B7623651686D60D585258226005405AC/$file/15-1177.pdf

 

Supreme Court correctly applied the Doctrine of Collateral Estoppel based on the hearing officer's determinations as to the reasons for the employee's termination http://www.nycourts.gov/reporter/3dseries/2018/2018_01179.htm

 

Suspension of a tenured teacher requires the board of education to serve written disciplinary charges against the teacher within a reasonable amount of time http://www.counsel.nysed.gov/Decisions/volume55/d16897

 

Suspension of a tenured teacher requires the timely filing of written charges and specifications with the clerk or secretary of the board of education http://www.counsel.nysed.gov/Decisions/volume56/d17054 

 

Teacher fined $10,000 after subjecting student to corporal punishment https://www.nycourts.gov/reporter/3dseries/2016/2016_08368.htm

 

Teacher's "per session compensation" and the calculation of his pension benefits https://casetext.com/case/weingarten-v-board-of-trustees-113-ny-10-22-2002

 

Teachers who retired while an expired CBA continued in force under the Triboro Doctrine contend that the expired CBA controls with respect to their health insurance benefits http://www.nycourts.gov/reporter/3dseries/2016/2016_03578.htm

 

Tenure area determinations upon the abolishment of a position or positions https://publicpersonnellaw.blogspot.com/search?q=Tenure+area+determinations+upon+the+abolishment+of+a+position+or+positions

 

Tenure by estoppel http://www.courts.state.ny.us/reporter/3dseries/2013/2013_51026.htm

 

Tenured employee who resigns from his or her position and is subsequently reemployed by his or her former employer in the same title is not automatically entitled to tenure in the new position http://www.nycourts.gov/reporter/3dseries/2016/2016_02553.htm

 

Tenured teacher unwilling to improve her pedagogical skills despite being provided with substantial assistance terminated from her position http://www.nycourts.gov/reporter/3dseries/2017/2017_03691.htm

 

Terminated after a disciplinary hearing, employee’s Article 78 petition dismissed because petitioner failed to file timely Education Law §3813(1) notice of claim http://www.nycourts.gov/reporter/3dseries/2015/2015_09284.htm

 

Terminated educator alleges that her employer breached the employment agreement and negligently terminated her http://www.ca2.uscourts.gov/decisions/isysquery/cdbc3784-2c1b-4017-b7d6-e13c18d43d65/21/doc/17-3496_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/cdbc3784-2c1b-4017-b7d6-e13c18d43d65/21/hilite/

 

Terminated probationary employee has the burden of demonstrating an improper basis for his or her termination http://www.nycourts.gov/reporter/3dseries/2016/2016_00760.htm

 

Terminating a "long-time" provisional employee http://www.ca2.uscourts.gov/decisions/isysquery/59b49e76-a052-42f7-b1b0-d7bac9c1165e/3/doc/17-1286_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/59b49e76-a052-42f7-b1b0-d7bac9c1165e/3/hilite/; 

See, also, http://www.nycourts.gov/reporter/3dseries/2019/2019_05744.htm

 

Terminating a teacher during his or her probationary period http://www.nycourts.gov/reporter/3dseries/2016/2016_07269.htm

 

Termination of a police officer on General Municipal Law §207-c leave under color of Civil Service Law §71 http://publicpersonnellaw.blogspot.com/2013/08/termination-of-police-officer-while-on.html

 

Termination of a public officer from his or her position by operation of law http://www.nycourts.gov/reporter/3dseries/2017/2017_02041.htm

 

Termination of employee found guilty violating patient escort procedures, being late for work, falsifying time sheets, and failing to arrive on time for assignments http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-2088.pdf

 

Termination of employment following extended absence without approval https://archive.citylaw.org/wp-content/uploads/sites/17/oath/17_cases/17-1653.pdf

 

Termination of the employee following unsuccessful progressive disciplinary efforts did not shock the court’s "sense of fairness” http://www.nycourts.gov/reporter/3dseries/2016/2016_00418.htm

 

Test applied to determine if an individual is eligible for accidental disability retirement is whether he or she is permanently unable to perform the full duties of the position http://www.nycourts.gov/reporter/3dseries/2016/2016_00236.htm

 

Town may discontinue health insurance coverage under certain circumstances: Op St Comp 80-105

 

Unconstitutional diminution of judicial compensation http://www.nycourts.gov/reporter/3dseries/2014/2014_03214.htm

Unemployment Insurance Appeal Board may reject an application for unemployment insurance benefits based on its finding the Claimant's employment was terminated due to disqualifying misconduct http://www.nycourts.gov/reporter/3dseries/2017/2017_02109.htm

 

Unemployment insurance benefit denied where off-duty misconduct found to breach the standards of behavior expected of an employee in consideration of his or her duties http://www.nycourts.gov/reporter/3dseries/2016/2016_03797.htm

 

Union cannot object to imposing demotion as a disciplinary penalty when demotion was a penalty authorized in the collective bargaining agreement http://www.nycourts.gov/reporter/3dseries/2016/2016_00977.htm;

See, also, http://www.nycourts.gov/reporter/3dseries/2016/2016_00970.htm

 

Unless it is shown that a performance evaluation was arbitrary and capricious, or made in bad faith, the court will not substitute its judgment for that of the appointing authority http://www.nycourts.gov/reporter/3dseries/2016/2016_05051.htm

 

Unless the collective bargaining agreement specifically so provides, the contract grievance procedure set out in the agreement is not available to a retiree http://www.nycourts.gov/reporter/3dseries/2014/2014_01845.htm

 

Unsatisfactory rating voided because employee's "performance review" failed to comply with the employer's own procedures and thus undermined the integrity of the process http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm

 

Use of excessive and inappropriate force on juvenile residents at a facility
Admin. for Children’s Services v. Judge, [OATH Index No. 1412/16]

 

Use of video surveillance recording in disciplinary actions http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-0211.pdf

 

Withdrawing a letter of resignation http://www.nycourts.gov/reporter/3dseries/2017/2017_01742.htm 

See, also, http://www.nycourts.gov/reporter/3dseries/2017/2017_09231.htmand

 http://www.nycourts.gov/reporter/3dseries/2015/2015_04408.htm

 

Zero tolerance drug policy http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08703.htm; 

See, also, http://www.nycourts.gov/reporter/3dseries/2013/2013_07870.htmand

http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-1004.pdf