Thursday, March 9, 2017

The standard for an employment termination that shocks the conscience.

Practice point:  A result is shocking to the court's sense of fairness if the sanction imposed is so grave in its impact on the individual subjected to it that it is disproportionate to the misconduct, incompetence, failure or turpitude of the individual, or to the harm or risk of harm to the agency or institution, or to the public generally visited or threatened by the derelictions of the individuals. Additional factors would be the prospect of deterrence of the individual or of others in similar situations, and, therefore, a reasonable prospect of recurrence of derelictions by the individual or persons similarly employed. There is also the element that the sanctions reflect the standards of society to be applied to the offense involved.

Case:  Matter of Beatty v. City of New York,, NY Slip 01628 (1st Dep't March 2, 2017)

Here is the decision.

Tomorrow's issue:  Summary judgment in a slip-and-fall action.