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24 Aug 2012, 3:00 am
NYPPL Comments: In New York State, unless otherwise provided by a collective bargaining agreement or by statute, typically only incompetence or misconduct related to job performance or off-duty misconduct adversely reflecting on the public employer [see, for example, Smith v Kerick, 292 A.D.2d 223 and Wilburn v McMahon, 296 A.D.2d 805] may serve as a lawful basis for an appointing authority initiating disciplinary action against a public officer or employee. [read post]
We recommend you consult with your Reed Smith Employment attorneys to carefully draft non-disparagement provisions that are narrowly tailored to comply with the law. [read post]
9 Aug 2016, 8:17 am by Hannah Smith and Luke Goodrich
” The Court reaffirmed this rule in 1990 in Employment Division v. [read post]
3 Aug 2018, 4:00 am by Public Employment Law Press
[Smith v Hager, 185 A.D.2d 612]Demoting an employee for sleeping on duty on two occasions, although a hearing officer found the employee’s supervisor had “condoned” such conduct and the hearing officer had recommended a suspension without pay for three weeks. [read post]
8 Oct 2021, 2:14 pm by Andrew Hamm
In her petition, Smith asks the justices to review these holdings and potentially, if the law is generally applicable, to revisit the prevailing standard from Employment Division v. [read post]
19 May 2011, 12:04 pm
Hamilton has an article titled "Employment Division v. [read post]
21 May 2017, 9:01 pm by Neil Cahn
So held the he Appellate Division, Third Department in its May 11, 2017 decision in Flikweert v. [read post]
18 Jul 2011, 9:55 am by Lawrence Solum
Here is the abstract: This essay is a contribution to a symposium marking the 20th anniversary of the Supreme Court’s still-controversial decision in Employment Division v. [read post]
9 Nov 2022, 1:15 pm by DONALD SCARINCI
” The justices declined to address two additional questions involving the Supreme Court’s decision in Employment Division v. [read post]
23 Dec 2016, 8:11 am by Nelson Tebbe
In fact, many other aspects of the so-called “culture wars” could be unsettled if that happens: Employment Division v. [read post]