Search for: "May v. Bigelow"
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21 Jul 2011, 3:45 am
Using an employee personnel files to determine an appropriate disciplinary penalty Bigelow v Trustees of the Village of Gouverneur, 63 NY2d 470 Perhaps the leading case concerning the use of an employee's personnel records in disciplinary procedures is the Court of Appeals’ decision in Bigelow v Trustees of the Village of Gouverneur In Bigelow, the Court of Appeals held that if a civil service employee is found guilty of misconduct, a public… [read post]
12 May 2015, 9:05 pm
” [Mike Masnick, TechDirt; Pete Bigelow, AutoBlog] Comments deadline May 19 on proposed Indian Child Welfare Act regulations; American Academy of Adoption Attorneys files comments warning they go beyond statute, will harm kids [related group, earlier and general] Asbestos lawsuits are “economic engine” of rural Edwardsville, Ill. [read post]
15 Apr 2025, 7:49 am
A recent jury decision in Banks et al. v. [read post]
29 Oct 2007, 2:05 pm
News article by Bruce V. [read post]
17 Jul 2024, 1:02 pm
Banks v. [read post]
3 Apr 2016, 10:08 am
Bigelow Inc., No. 4:12-cv-02204 (N.D. [read post]
11 May 2016, 4:00 am
In Bigelow v. [read post]
27 Jun 2018, 3:30 am
Further, as the court noted in Shafer v Board of Fire Commr., Selkirk Fire Dist., 107 AD3d 1229, a series of petty offenses by a single individual may have a cumulative impact in the setting of a penalty. [read post]
5 May 2020, 3:04 pm
Justice Bigelow dissents, arguing that the majority decision improperly expands precedent. [read post]
1 Apr 2013, 4:30 pm
Bigelow also cited with approval the decision of the Second Appellate District, Division Two (Compton was decided within Division Eight) in Iskanian v. [read post]
25 Feb 2016, 4:00 am
Another decision frequently cited as authority for this proposition is Bigelow v Trustees of the Village of Gouverneur, 63 NY2d 470.The general rule applied by the courts when asked to determine if the employee’s personnel record was lawfully considered in setting the disciplinary penalty is that the employee’s personnel records may be considered in setting a disciplinary penalty, provided the employee is advised that this will be done and is given an… [read post]
5 Apr 2010, 12:15 am
Not preserving records that an employee claims might help in defending disciplinary charges filed against the individual may not be a fatal defectThomas v Mt. [read post]
9 May 2011, 12:05 pm
Similarly, in Bigelow v Village of Gouverneur, 63 NY2d 470, the Court of Appeals said that such records could be used to determine the penalty to be imposed if: 1. [read post]
24 Sep 2021, 10:38 am
Banks v. [read post]
22 Jun 2017, 7:24 am
Limited v. [read post]
10 Jul 2022, 8:30 am
In Bigelow v. [read post]
17 Dec 2014, 3:16 pm
As long as the fact of damages is certain, there is nothing wrong with speculating as to amount.BigelowThe second case, Bigelow v. [read post]
25 May 2018, 3:12 am
This evidence was admitted solely for that purpose and not to prove that the employee had committed the charged misconduct.In contrast, if an employee's personnel history will be considered by the hearing officer to determine the penalty to be imposed if the individual is found guilty of some, or all, of the disciplinary charges and specifications filed against the individual, he or she must be advised of such action.In Bigelow v Village of Gouverneur, 63 NY2d 470, the Court… [read post]
7 Dec 2010, 3:11 am
"The court’s reference to DiGiovanni’s prior disciplinary history suggests that the department asked the hearing officer to consider DiGiovanni’s personnel history in determining the penalty to be imposed.An employee’s personnel records may be considered by a hearing officer when the setting a disciplinary penalty provided the appointing authority has complied with the procedures set out by the Court of Appeals in Bigelow v Village of… [read post]
28 Oct 2009, 5:44 pm
But I'd have at least been more nuanced, and may well perhaps have gone the other way.P.S. - I feel a tiny bit bad about saying all this, since I don't think I've ever commented on an opinion by Justice Bigelow -- who was elevated only a little over a year ago -- and hate to start out this way. [read post]