Recent disciplinary findings and penalty recommendations of OATH Administrative Law Judges

Recent disciplinary findings and penalty recommendations of OATH Administrative Law JudgesSource: New York City Office of Administrative Trials and HearingsEmployee's "whistleblower defense" rejected by Administrative Law JudgeOATH Index No. 1883/17 A New York City claims examiner raised a Civil Service Law §75-b whistleblower defense to misconduct charges filed against the individual Administrative Law Judge Noel R. Garcia found the employee did not establish that the sole motivation for petitioner’s charges was to retaliate against the employee for the complaints that he had filed. Rather, the ALJ found that the persons who investigated and prosecuted the disciplinary matter had an independent and good faith basis to file the charges. Among Judge Garcia's findings:1. Petitioner proved respondent took 288 days of unauthorized absence;2. The individual operated of a personal watercraft in Florida while on leave for a purported injury; and 3. The…

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