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Editor: Mitchell H. Rubinstein
New York Law School

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Sunday, November 25, 2012

Employee served with disciplinary charges alleging he was intoxicated at work

Human Resources Administration v Grimes, OATH Index #1985/12   
OATH Administrative Law Judge Kevin F. Casey sustained charges that alleged that an employee was intoxicated at work.
Coworkers noticed the individual looked disheveled and was laughing and crying to himself at his desk, in marked contrast to his usual demeanor. "911" was called and the employee was taken to a hospital by the first responders.
Noting that the Emergency Medical Technician's records indicated that the first responders had made a presumptive diagnosis that employee was intoxicated based on his unsteady gait, slurred speech, and the odor of alcohol on his breath, Judge Casey found the individual’s claims to the contrary to be vague and unsupported.
The ALJ recommended that the appointing authority impose a penalty of a 20-day suspension without pay
The decision is posted on the Internet at:

http://archive.citylaw.org/oath/12_Cases/12-1985.pdf

Reprinted with permission New York Public Personnel Law

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2012/11/employee-served-with-disciplinary-charges-alleging-he-was-intoxicated-at-work.html

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Comments

The diagnosis that the employee was intoxicated was based on mainly the odor of alcohol on his breath. The penalty corresponds to the crime if we may call it that way. No matter what the job he has is, the employee cannot work when intoxicated.

Posted by: HandyMoves Review | Nov 28, 2012 6:34:13 AM

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