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An employee found guilty of excessive absences may be terminated where such unreliability is shown to have a disruptive and burdensome impact on the employer
25 Feb 2021, 4:00 am by Public Employment Law Press
The Appellate Division, however, sustained the District's decision, explaining that: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Evaluating claims of mitigating circumstances in considering challenges to the disciplinary penalty imposed by the appointing authority
9 May 2016, 4:00 am by The Public Employment Law Press
The Appellate Divisions said that this argument was unavailing in light of his disciplinary history, citing Gomez v Kelly, 55 AD3d 305, reversed 12 NY3d 883 [Gomez I].In Gomez I the Appellate Division said that substantial evidence supported the findings that Gomez violated [1] his commanding officer's order to terminate his involvement in a criminal investigation; [2] failed to take possession of drugs during a police department integrity test; [3] failed to voucher… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Index No. 154634/20 Appeal No. 16180 Case No. 2021-01665 [*1]In the Matter of Jermell Martinez, Petitioner-Appellant, vCity of New York et al., Respondents-Respondents. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Dismissal during a probationary period
28 Oct 2019, 7:00 am by Public Employment Law Press
As a general rule, an individual appointed to a position on a permanent basis attains such status on the effective date of such "permanent appointment" but does not attain tenure in the position until [1] he or she satisfactorily completes his or her maximum period of probation or [2] by estoppel, acquisition, default, or otherwise by operation of law or [3] as the result of the appointing authority's lawfully truncating the individual's maximum period of… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Index No. 154634/20 Appeal No. 16180 Case No. 2021-01665 [*1]In the Matter of Jermell Martinez, Petitioner-Appellant, vCity of New York et al., Respondents-Respondents. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A public educational institution is not an “education corporation” within the meaning of New York State’s Human Rights Law
14 Mar 2016, 4:00 am by The Public Employment Law Press
”The Appellate Division then noted:1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Dismissal during a probationary period
28 Oct 2019, 7:00 am by Public Employment Law Press
As a general rule, an individual appointed to a position on a permanent basis attains such status on the effective date of such "permanent appointment" but does not attain tenure in the position until [1] he or she satisfactorily completes his or her maximum period of probation or [2] by estoppel, acquisition, default, or otherwise by operation of law or [3] as the result of the appointing authority's lawfully truncating the individual's maximum period of… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Providing electronic records in response to Freedom of Information Law request
12 Mar 2021, 4:00 am by Public Employment Law Press
In this proceeding pursuant to CPLR Article 78 to compel the production of certain documents pursuant to the Freedom of Information Law [FOIL]* sought by the Petitioner [Plaintiff], the Appellate Division explained: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
School district charged with negligent supervision, hiring, and retention of an employee and with breaching its duty in loco parentis
1 Mar 2023, 6:00 am by Public Employment Law Press
The facts as alleged in the complaint are accepted as true; and 3. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
School district charged with negligent supervision, hiring, and retention of an employee and with breaching its duty in loco parentis
1 Mar 2023, 6:00 am by Public Employment Law Press
The facts as alleged in the complaint are accepted as true; and 3. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Divesting a public retirement plan of fossil-fuel based investments in order to allocate more to "green" investments, is speculative and "insufficient to trigger judicial intervention"
17 Mar 2025, 6:00 am by Public Employment Law Press
., Kapnick, González, Scarpulla, Michael, JJ.Index No. 652297/23|Appeal No. 3864, M-596|Case No. 2024-05062|[*1]Wayne Wong, et al., Plaintiffs-Appellants,vNew York City Employees' Retirement System, et al., Defendants-Respondents. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Divesting a public retirement plan of fossil-fuel based investments in order to allocate more to "green" investments, is speculative and "insufficient to trigger judicial intervention"
17 Mar 2025, 6:00 am by Public Employment Law Press
., Kapnick, González, Scarpulla, Michael, JJ.Index No. 652297/23|Appeal No. 3864, M-596|Case No. 2024-05062|[*1]Wayne Wong, et al., Plaintiffs-Appellants,vNew York City Employees' Retirement System, et al., Defendants-Respondents. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Administrative due process trumps an employer's claim to a "management right" to summarily terminate an employee for cause
11 Jan 2019, 4:00 am by Public Employment Law Press
The grievant was not given an opportunity to respond to the charges of alleged misconduct before the chief of police made the decision to terminate the grievant. 3. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Administrative due process trumps an employer's claim to a "management right" to summarily terminate an employee for cause
11 Jan 2019, 4:00 am by Public Employment Law Press
The grievant was not given an opportunity to respond to the charges of alleged misconduct before the chief of police made the decision to terminate the grievant. 3. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Untitled
11 Mar 2020, 8:26 pm by Public Employment Law Press
"a significant risk of substantial harm to the . . . safety of the employee or others" (9 NYCRR 466.11[g][2][I]; Executive Law §§ 292[21-e], 296[3][a]; Pimentel v Citibank, N.A., 29 AD3d 141, 145 [1st Dept 2006], lv denied 7 NY3d 707 [2006]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York Court of Appeals Revisits & Reiterates Scope of Additional Insured Coverage
8 Jun 2010, 6:12 am
Co., 5 NY3d 467, 472 [2005] [internal quotations marks and citations omitted]). [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
The Worker’s Compensation and Personal Injury Legal Malpractice Conundrum
10 May 2018, 4:19 am by Andrew Lavoott Bluestone
Accordingly, the Supreme Court properly denied that branch of the defendants’ motion which was pursuant to CPLR 3211(a)(1) to dismiss the cause of action alleging legal malpractice insofar as asserted against the law firm. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Stalking, the "Work Email Address" and "Place of Employment"
29 Jul 2015, 6:48 am
Jackson, 18 NY3d 738, 967 N.E.2d 1160, 1166–67 (2012). . . . [read post]
CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/
Accumulating eligibility towards tenure via so-called "Jarema credit"
18 Jul 2023, 6:00 am by Public Employment Law Press
§ 3012[1][a][ii]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Accumulating eligibility towards tenure via so-called "Jarema credit"
18 Jul 2023, 6:00 am by Public Employment Law Press
§ 3012[1][a][ii]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/