Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Wednesday, February 20, 2013

Employee terminated following his falsely reporting he was unable to work and engaging in unauthorized outside employment

The Appellate Division sustained the termination of a deputy sheriff’s employment as a deputy sheriff, holding that substantial evidence supports the findings that the deputy sheriff:
[1] Falsely reported that he was unable to work from October through the following June;
[2] Engaged in unauthorized outside employment: and
[3] Lied under oath when he denied engaging in such outside employment at his workers' compensation hearing.
The court ruled that there was no basis to disturb the credibility determinations of the Administrative Law Judge and that the penalty of termination “does not shock our sense of fairness,” citing Cherry v Horn, 66 AD2d 556
The decision is posted on the Internet at:
Reprinted with permission New York Public Personnel Law
Mitchell H. Rubinstein

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