Tag Archives: employer&#039s

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

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

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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

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Employer's payment of employer contributions towards an employee's health insurance premiums discontinued during the employee's disciplinary suspension without pay

Employer's payment of employer contributions towards an employee's health insurance premiums discontinued during the employee's disciplinary suspension without payBoard of Educ. of the Dundee Cent. School Dist. v Coleman, 29 Misc 3d 1204(A)May an arbitrator require the appointing authority to … Continue reading

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A resolution increasing a NYSHIP participating employer's contribution for health insurance premiums is temporary absent a manifest intent to create a permanent right

Noting that there was nothing in the language of the NYSHIP participating employer's 1976 policy addressing employer contributions towards employee and retiree health insurance premiums that would create private contractual rights, this decision points out that the rules and regulations … Continue reading

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Attorneys and PL Underwriters Take Notice: ABA Ethics Committee Urges Lawyers to Warn Clients About Risks of Emailing From Employer's Computer Systems

The ABA has issued a formal ethics opinion that provides guidance to lawyers whose clients use an employer's email account to send or receive email from counsel. In Formal Opinion 11-459, the Standing Committee on Ethics and Professional Responsibility urges … Continue reading

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