52 results for 'cat:"Administrative Law" AND cat:"Employment"'.
J. McBride finds that the lower court properly found for the police department on an officer's challenge to his termination seeking $1 million in back pay. The officer lied about his spinal injury, maintaining he could not drive while taking a second job requiring him to drive hundreds of miles and falsely claiming he had submitted secondary employment authorization forms to the department. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: May 7, 2024, Case #: 230256, Categories: administrative Law, employment
J. Stevens finds that the commission properly disqualified the employee from unemployment benefits after he tendered his resignation to his employer. Substantial evidence shows that the employee voluntarily resigned and was not constructively discharged due to an unbearable work environment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: April 30, 2024, Case #: ED111971, Categories: administrative Law, employment
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Cobb grants the Department of Justice's motion to dismiss the employee's action seeking enforcement of a decision by the Equal Employment Opportunity Commission's Office of Federal Operation, which had been reversed by the Commission itself three months prior. The employee has failed to exhaust her administrative remedies, namely because she has failed to obtain an order of agency noncompliance and because the order has been reversed. Her claim for money damages is precluded by the availability of an action under Title VII of the Civil rights Act, and she has failed to state a claim against several named officials in their individual capacities.
Court: USDC District of Columbia, Judge: Cobb, Filed On: March 28, 2024, Case #: 1:20cv1154, NOS: Employment - Civil Rights, Categories: administrative Law, employment
J. Ellis finds that the lower court properly dismissed a deputy's suit for an award of back pay for a period of unpaid suspension exceeding 180 days after he was arrested for an off-duty incident. The deputy's exclusive remedy is via the administrative procedures available to him. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: March 26, 2024, Case #: 221837, Categories: administrative Law, employment
J. Wyrick grants the government's dismissal motion in this lawsuit concerning an Occupational Safety and Health Administration final rule regarding "reporting requirements for injury and illness records." The trade associations challenge the rule's "reasonable reporting requirement and the anti-retaliation provision." However, they fail to establish associational standing. Accordingly, the suit is dismissed without prejudice.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 11, 2024, Case #: 5:17cv9, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, employment, Jurisdiction
J. Easterly affirms the Office of Employee Appeals' decision to uphold the termination of a chief administrative law judge for the Office of Administrative Hearings. Termination was appropriate in light of several ethics violations to which she admitted, including conflicts of interests and the hiring of an attorney with whom she had a business and financial relationship. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 29, 2024, Case #: 21-CV-0275, Categories: administrative Law, employment, Judiciary
J. Guidry finds that the lower court properly affirmed a decision of the civil service board that upheld the officer's termination after an incident in which she was found outside of a bar in her marked police vehicle and could not drive home due to being intoxicated. The fired officer claimed the incident resulted from her use of prescribed antidepressant medication and having a few drinks, but the record supports the finding that she violated departmental policy and that her termination was done in good faith and for cause. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: February 23, 2024, Case #: 2023CW0880, Categories: administrative Law, employment, Experts
J. Gremillion finds that the lower court properly upheld the school board's firing of a non-tenured teacher who alleged she was terminated due to her breast cancer. The teacher lacked a property interest in her continued employment since she was non-tenured. Also, the superintendent's decision was not arbitrary or capricious because there was substantial evidence the teacher did not enter student grades in a timely manner. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: January 24, 2024, Case #: CA-23-476, Categories: administrative Law, Education, employment
Per curiam, the appellate division finds that the city improperly terminated the cashier's employment because the disciplinary hearing was conducted by a supervisor with extensive personal involvement in the alleged misconduct underlying the charged. The supervisor should have disqualified herself from conducting the hearing, so the employee is entitled to a new hearing to be conducted by an impartial decision maker. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 10, 2024, Case #: 00074, Categories: administrative Law, employment
Per curiam, the Ninth Circuit vacates its previous order as moot concerning President Biden’s Contractor Mandate and Executive Order 14042 which has since been rescinded. The matter is remanded to the lower court with instructions to vacate the portion of the orders on appeal addressing all claims based on the Contractor Mandate.
Court: 9th Circuit, Judge: Per curiam, Filed On: December 28, 2023, Case #: 22-15518, Categories: administrative Law, employment, Covid-19
Per curiam, the appellate division finds that the lower court properly denied the former employee's request that a substantiated report of abuse and neglect be sealed. The allegations stated that the employee struck a disabled client with a shovel and/or sprayed disinfectant into his eyes while attempting to restrain him because he had become physically violent. Hearsay evidence can be the basis of an administrative determination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06524, Categories: administrative Law, employment
Per curiam, the appellate division finds that the lower court properly found for the department, ruling that its decision to fire the probationary teacher was not arbitrary and capricious. Evidence of the teacher's unsatisfactory performance while a probationary teacher rebuts his allegations of bad faith. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06342, Categories: administrative Law, employment
J. Cadish finds the district court properly denied the correctional officer's petition for judicial review of an administrative decision. The officer was suspended for 5 days for insubordination and says the department received a time extension without good cause while conducting its investigation. Though the extension was given strictly for the department to decide the length of the suspension, and done after the investigation had been completed, the proposed discipline is part of the process of review and subject to the same rules and needs. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 12, 2023, Case #: 85257, Categories: administrative Law, employment, Due Process
J. Lampkin finds that the hearing officer properly reversed the board's decision to dismiss a tenured professor after he failed to report to work for four days. The hearing officer correctly found the Board must bear the burden of proving that the professor intended to abandon his job. However, the facts don't support such a finding, as the professor testified he believed he could use his personal days during registration week to attend a funeral. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 8, 2023, Case #: 230285, Categories: administrative Law, Education, employment
J. Thomson finds that the lower court improperly found the police officer was not eligible for duty-related disability retirement. There is no dispute that the officer's PTSD and depression arose exclusively from his employment, and that he is currently unable to perform his duties as a police officer due to his occupational disease. Reversed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: October 24, 2023, Case #: WD85492, Categories: administrative Law, employment
J. Gardner finds that the lower court improperly dismissed as untimely the delivery driver's appeal of a finding he had been overpaid $4,900 in regular and $11,000 in pandemic unemployment benefits because he left his job voluntarily. The driver's May 25 letter should have been treated as an appeal of the division's determination, rather than as an application for review of the appeals tribunal's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: October 10, 2023, Case #: ED110938, Categories: administrative Law, Civil Procedure, 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