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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 Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal ... as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
30 May 2018, 4:37 am by Public Employment Law Press
Joyce being given an unsatisfactory rating for the 2010-2011 academic year. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
DE v AB: If a child is born, then the parents have obligations under law
29 Mar 2011, 4:37 am
DE v AB [2010] EWHC 3792 (Fam), just reported on Bailii, concerned a father's appeal against a Schedule 1 Children Act award. [read post]
Family Lore - http://www.familylore.co.uk/
Government Of Quebec Publishes Draft Regulation On Renewable Fuel Minimum Volume
11 Oct 2019, 8:14 am by lbergeson@lawbc.com
Given the evaluation by the Canadian government of this matter, the notice states that the proposed regulation would have no particular impact on small and medium-sized businesses because the petroleum products distribution sector is made up of large businesses. [read post]
BRAG Biobased Products Blog - http://blog.braginfo.org/
Another copyright law blogger quits, this one citing, as a reason, the RIAA's lawsuits against ordinary people
25 Jan 2009, 3:38 am
Lindor's legal defense in UMG v. [read post]
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/
AR- Prison-sex confession stands
27 Sep 2008, 2:47 am
At the Supreme Court, the case is CR 07-1276, Anna Clark v. [read post]
Sex Offender Research by A Voice of Reason - http://sexoffenderresearch.blogspot.com/
The Exon Punitive Damages Case: Wacky, then Cheering for Corporations
25 Jun 2008, 4:47 pm
" Durant v. [read post]
Conglomerate - http://www.theconglomerate.org/
Anticipating teaching Iqbal
18 Dec 2009, 7:30 am by Howard Wasserman
Given the Supreme Court's recent pleading-related mischief, that's not necessarily a bad thing. [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
Ontario Court Sets High Side Severance Award
10 Jan 2019, 3:24 am by Written on behalf of Peter McSherry
Contact us online or by phone at 519-821-5465 to schedule a consultation       [1] Dawe v. [read post]
Peter McSherry Blog - http://petermcsherry.ca/blog/
Ontario Court Sets High Side Severance Award
10 Jan 2019, 3:24 am by Written on behalf of Peter McSherry
Contact us online or by phone at 519-821-5465 to schedule a consultation       [1] Dawe v. [read post]
Guelph Employment Law Blog - http://petermcsherry.ca/blog/
Libraries and museums
14 Feb 2010, 2:48 am by Asbestos Litigation
Aboutaam El Sal n del Prado ran from the current Plaza de Cibeles to the Glorieta de Atocha (Glorieta del Emperador Carlos V), distinguishing three installments. [read post]
New York Asbestos Defense Litigation - http://asbestoslitigation.typepad.com/newyork/
Random Profile: Elizabeth Martinez, Laredo
30 Apr 2012, 9:07 am by Joanna Herzik
Favorite saying/quote: To whom much is given, much is also expected. [read post]
State Bar of Texas Blog - http://blog.texasbar.com/
Precedential PTAB Opinions to Drive APA Challenges
12 Aug 2019, 8:56 pm by Scott McKeown
In Uniloc 2017 LLC., v. [read post]
Patents Post-Grant - http://www.patentspostgrant.com
ECHR rules Flanders ban on visible religious symbol in schools compatible with freedom of religion
17 May 2024, 5:49 pm by Miu Satake | Maastricht U. Faculty of Law, NL
In the case of Mikyas and Others v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
Majority v. Right
12 Mar 2010, 2:54 am by SHG
Whether one looks to God for the glory of the Union or not, the 9th Circuit decision in Newdow v. [read post]
Simple Justice - http://blog.simplejustice.us
Case Preview: Joseph v Spiller
24 Jul 2010, 10:04 am by INFORRM
  The defence of fair comment was last considered by the House of Lords in Telnikoff v Matusevitch ([1992] 2 AC 343). [read post]
Inforrm's Blog - http://inforrm.wordpress.com
Conference: Pluralism v. Harmonization: National Adjudication of International Crimes
2 Apr 2012, 9:43 am
Here's the idea:The objective of the conference on Pluralism v. [read post]
International Law Reporter - http://ilreports.blogspot.com/
Argument Recap: United States v. Winckelmann, No. 11-0280/AR
26 Oct 2011, 2:05 pm by Zachary Spilman
  United States v. [read post]
CAAFlog - http://caaflog.blogspot.com/
Mr Justice Carr's L'Oreal v RN Ventures decision bristles with warnings on Actavis v Lilly claim interpretation, equivalents and prosecution history (Part II)
17 Feb 2018, 7:31 am
  The exercise of the power is not restricted to exceptional circumstances, but may include a plain mistake, the failure of the parties to draw the judge’s attention to a plainly relevant fact or point of law, the discovery of new facts after judgment was given. [read post]
IPKat - http://ipkitten.blogspot.com/
Presumption of reasonableness of sentence cannot be overcome by alleging that inconsistencies may exist with sentences given other defendants
2 Apr 2008, 4:36 am
SENTENCINGUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Particularity: When the description given is the best the police can do under the circumstances, the warrant is not imprecise
14 Jul 2007, 5:56 am
United States v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1