Employer must prove that the employee knew, but failed to follow, procedures
Employer must prove that the employee knew, but failed to follow, proceduresNYC Department of Environmental Protection v Segarra, OATH Index No. 2730/10 The New York City Department of Environmental Protection charged Anthony Segarra, a senior sewage treatment worker at a water pollution control plant, with two instances of neglect of duty involving the taking of water samples. OATH Administrative Law Judge Alessandra F. Zorgniotti found that the Department failed to prove that Segarra knew about the procedures at issue. Accordingly, Judge Zorgniotti recommended that the charges that the Department had filed against Segarra be dismissed. The decision is posted on the Internet at: http://archive.citylaw.org/oath/10_Cases/10-2730.pdf NYPPL
Read more detail on Recent Administrative Law Posts –
Legal notice about the Employer must prove that the employee knew, but failed to follow, procedures
rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.
Do you need High Quality Legal documents or forms related to Employer must prove that the employee knew, but failed to follow, procedures?
- Employee's alerting the employer "after-the-fact" failed to place the employer on notice that the employee may have been seeking FMLA leave
- A public employer may not unilaterally discontinue a past practice but must negotiate any proposed change with the appropriate employee organization
- Employer must reinstate employee absent on Workers' Compensation Leave upon the certification by civil service commission's medical officer that the individual is fit to perform the duties of his or her position
- How far can an employee go in removing employer documents to prove a case?
- 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
- Impasse procedures follow duty to negotiate
- An administrative agency must follow the rules and regulations applicable to it in making its final administrative decision
- 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
- Employee's failure to provide an adequate urine sample attributed to employer's failure to comply federal procedures rather than employee misconduct
- Employee's dismissal for "excessive absenteeism" failed to survive judicial scrutiny where such absences were authorized by the employer and properly documented