Tag Archives: 2011

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

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 DepartmentThe Appellate Division … Continue reading

Posted in Administrative law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

General Global Week in Review 7 Nov 2011 from IP Think Tank

Here is Think IP Strategy's weekly selection of top intellectual property news breaking in the blogosphere and internet. Highlights this week included: Venice Judges Resolution on a Unified Patent Court for the EU and Unitary Patent (EPLAW) CJEU approves enforcement … Continue reading

Posted in Intellectual Property | Tagged , , , , , , | Leave a comment

2011 NC State Fair E. coli Investigation Advances With Attendee Disease Survey

North Carolina's E. coli outbreak, which has sickened at least 25 people in seven counties, appears to be associated with attendance at the NC State Fair in Raleigh. State Epidemiologist Megan Davies says Fair attendance is the only identified common … Continue reading

Posted in Products Liability | Tagged , , , , , , , , | 1 Comment

eDiscovery Trends: Reporting from the 2011 EDRM Mid-Year Meeting

The Electronic Discovery Reference Model (EDRM) Project, created to address the lack of standards and guidelines in the electronic discovery market, is now in its seventh year of operation. This week, the EDRM Mid-Year meeting has taken place in St. … Continue reading

Posted in Technology & Cyberlaw | Tagged , , , , , , | Leave a comment

AB 284 Starts October 1, 2011

Assembly Bill 284, called the "Foreclosure Reform Law", goes into effect tomorrow, October 1, 2011. Tisha Black Chernine participated in a working group along with Nevada Attorney General Catherine Cortez Masto and Nevada Assembly Majority Leader Marcus Conklin in order … Continue reading

Posted in Bankruptcy Law | Tagged , , | 3 Comments