Tag Archives: Rating

California’s Net Neutrality Bill Has Strong Zero Rating Protections for Low-Income Internet Users, Yet Sacramento May Ditch Them to Appease AT&T

California’s net neutrality bill, S.B. 822, is often referred to as the “gold standard” of state-based net neutrality laws. The bill tackles the full array of issues the FCC had addressed right up until the end of 2016 before it … Continue reading

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

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

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

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

Episode 004: CAVC Oral Argument – Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)

General Preview of the Case: This is a complex case involving the complex issue of “successive rating criteria”, with a lot of regulatory interpretation and factual application issues at play.  There is one, and possibly more, diagnostic codes for rating … Continue reading

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

Announcing Justia Lawyer Rating and Reviews

We are pleased to announce the launch of the Justia Lawyer Rating and Reviews feature on the Justia Lawyer Directory. We hope this new addition provides helpful information to consumers looking to hire a lawyer. The Justia Lawyer Rating and … Continue reading

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