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Motion to delay disciplinary action pending the outcome of a criminal investigation denied
12 Sep 2012, 10:13 am
This was the point made by the court in Levine v New York City Transit Authority, 70 AD2d 900 (2nd Dept 1979), affirmed 49 NY2d 747 (1980). [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
An employee’s personnel record may be considered in determining an appropriate penalty, which record could include “counseling memoranda.”
9 May 2011, 12:05 pm
The employer, however, may not use the counseling memorandum or a performance evaluation to avoid initiating formal disciplinary action against an individual as the Fusco and Irving decisions by the Commissioner of Education demonstrate [Fusco v Jefferson County School District, CEd, 14,396 and Irving v Troy City School District, CEd 14,373]. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/