53 results for 'cat:"Administrative Law" AND cat:"Employment"'.
Per curiam, the appellate division finds that the lower court properly terminated the prison guard's employment. Evidence supports the finding that he violated prison policies regarding the retrieval of inmate property, used excessive force against an inmate, and failed to submit a required unusual incident report. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 3, 2023, Case #: 04935, Categories: administrative Law, employment
J. Contreras denies, in part, the Department of Veterans Affairs' motion for summary judgment on a former employee's challenge to his termination, which was premised on the employee allegedly lying about having disclosed his wife's undocumented immigration status to supervisors. The department applied an incorrect evidentiary standard and failed to give the employee a proper opportunity to respond.
Court: USDC District of Columbia, Judge: Contreras, Filed On: September 21, 2023, Case #: 1:21cv2904, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, employment
J. Lampkin finds that the lower court properly denied the former correctional officers' challenge to the composition of the Cook County Sheriff's Merit Board, which decided to fire the officers because they witnessed another officer's use of excessive force against an inmate and failed to intervene. This complaint is barred by the de facto officer doctrine because the officers did not challenge the Board's authority before it took substantive action in their cases. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 13, 2023, Case #: 221376, Categories: administrative Law, employment
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J. Schostok finds that the lower court properly upheld the board's decision to fire a tenured teacher after he was arrested for domestic battery, then lied about the incident when the board investigated. The board reasonably determined that honesty was a basic expectation of the teacher's employment and he willfully misled the board regarding his conduct. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: September 8, 2023, Case #: 220453, Categories: administrative Law, employment
J. Rovner finds that the lower court properly found for the Board on the former special agent's challenge to his termination. The Board reasonably decided to fire him after the officer was found guilty of attacking another driver in an off-duty incident of road rage. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: September 7, 2023, Case #: 22-1213, Categories: administrative Law, employment
J. Bendix finds that the trial court must revisit claims by former sheriff's deputies that they are entitled to reinstatement under a settlement agreement made with sheriff's department personnel. Though the county charter does not give the county counsel exclusive authority over the administrative appeals of disciplinary actions against county employees, the former deputies failed to show the sheriff's department can enter agreements that bind the county to settlements of such appeals. But the former deputies are entitled to amend their pleading to support their claim that the sheriff's department has the authority to settle civil service commission appeals. Reversed.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: August 18, 2023, Case #: B316067, Categories: administrative Law, employment, Settlements
Per curiam, the circuit court correctly ruled that a Covid-19-related 15-day extension of a four-month closure of the clerks’ offices in 2020 does not apply to cases filed outside that closure. The petitioner, a former police officer injured on the job, filed a petition for judicial review after a hearing examiner granted him non-line-of-duty disability retirement instead of that of line-of-duty. The police department moved to dismiss, saying the petition was time-barred, to which the petitioner responded that based on the 15-day extension, it was not. The petitioner is wrong because he did not file his petition within the four-month closure.
Court: Supreme Court of Maryland, Judge: Per curiam, Filed On: August 14, 2023, Case #: 24-C-22-000458, Categories: administrative Law, employment, Covid-19
J. Kamins finds the Employment Relations Board properly ruled that the University of Oregon violated the duty to bargain in good faith with the union that sought information regarding complaints made by the employees it represents. The University violated the duty by "redacting, and thereby withholding from [the Union], objective, factual information, including statements by bargaining unit employees concerning workplace complaints." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A177809, Categories: administrative Law, employment, Labor
J. Kafker dismisses a former employee’s claims against his former employer for sexually harassing the former employee and his girlfriend, because the claim was brought outside of the 300-day statute of limitations. This particular statute was not one of those covered by a toll on statutes of limitations initiated as a response to Covid-19, which applied to lower courts, not the Massachusetts Commission Against Discrimination, which is an executive branch agency.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: July 11, 2023, Case #: SJC-13364, Categories: administrative Law, Jurisdiction, employment Discrimination
J. Tucher find that the trial court properly upheld a university's censure and one-year suspension of a professor for unwanted sexualized conduct toward a junior colleague. The university filed disciplinary charges against the professor within three years of the chancellor's learning of the alleged violation. A graduate student from another school was a "colleague" for the purposes of the faculty code of conduct, and his behavior toward her violated university policy. Also, he was given fair notice of disciplinary proceedings and was unfair and the sanction was not excessive. Affirmed.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: June 29, 2023, Case #: A164481, Categories: administrative Law, employment
J. Katsas upholds the district court's finding for the Department of Homeland Security on a trade association's challenge to a change in guidance that requires employers to amend paperwork for H-1B visa-based employees who change their place of employment. Although the association has Article III standing, it fails to show the agency lacks the authority to make this change. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: June 27, 2023, Case #: 22-5074 , Categories: administrative Law, employment, Immigration
Per curiam, the Vermont Supreme Court finds that the Employment Security Board properly held the claimant liable for unemployment benefits overpayment. The claimant erroneously said she was able and available to work during the relevant periods though "she was not in fact able or available to work due to a non-COVID-related medical condition." Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 13, 2023, Case #: 22-AP-289, Categories: administrative Law, employment
J. Hassan finds that the trial court properly ruled in favor of the employer's insurance carrier for a workers' compensation dispute involving an employee who was hurt in an auto accident. The employee waived his issues regarding the scope of his compensable injuries, the date of maximum medical improvement and impairment rating since they were not raised in the administrative review process. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 6, 2023, Case #: 14-21-00153-CV, Categories: administrative Law, employment, Workers' Compensation
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: administrative Law, employment, Contract
J. Spain finds that the trial court improperly reversed the decision of the civil service commission that upheld the suspension of a fire department district chief stemming from alleged misconduct during a public-relations event with pro basketball players. The district chief allegedly witnessed a player driving a fire station high-water vehicle with the lights and siren turned on. There was substantial evidence that the district chief did not report the violations. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: May 23, 2023, Case #: 14-21-00570-CV, Categories: administrative Law, employment, Evidence