Labor & Employment Law

Neglect of Duty

By Harvey Randall, Esq.

Neglect of Duty
Dep?t of Education v. Rubenstein, OATH Index No. 1264/07

In a disciplinary proceeding, an attorney was found guilty of neglecting his duty by assisting in the preparation of a false advertisement, which was placed to facilitate a permanent resident application for another employee. The attorney added language to the advertisement requiring a master?s degree in an effort to narrow the qualified applicant pool for the employee?s position. Administrative Law Judge Kevin Casey recommended a thirty-day suspension because of mitigating factors including the high level of the attorney?s job performance during his long tenure and the lack of measurable harm caused by his actions.

Full post as published by New York Public Personnel Law on May 06, 2008 (boomark / email).