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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

Georgia assistant principal suspended over racy dance team routine

Posted on April 13, 2009
The March 10, 2009 Atlanta Journal-Constitution, has an interesting article written by Megan Mattuecci. The article reports that a disciplinary board has recommended a Jonesboro High School assistant principal be suspended three days for signing off on a student dance...

NYC Pensions

Posted on April 12, 2009
Many employees do not fully understand the pension system which they are enrolled in. Jeff Friedlander's March 23, 2009 New York Law Journal article entitled A Brief Introduction To NYC Pension Law may help (registration required). As the article states:...

Excessive Absenteeism Disqualifies Employee From Unemployment

Posted on April 12, 2009
Matter of Anumah v. Commissioner of Labor, ___A.D.3d ___(3d Dep't. March 19, 2009), is a tough decision. On the one hand excessive absenteeism is misconduct which can disqualify a claimant from unemployment. On the other hand, however, loss of employment...

Psychotherapist-Patient Privilege Narrowly Applied In Women Workers' Sex Harassment, Groping Suit

Posted on April 11, 2009
EEOC v. Nichols Gas, ___F.Supp.2d___(W.D.N.Y. March 9, 2009), is an interesting decision. (free registration required). Plaintiffs sued their employer, and its successor, claiming they were groped or otherwise sexually harassed. In the EEOC lawsuit filed on their behalf, defendant sought...

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Failure to exhaust administrative remedy by not filing a contract grievance results in dismissal of terminated employee?s lawsuit

Posted on April 11, 2009
Matter of Cummings v Board of Education of Sharon Springs Cent. School District, 2009 NY Slip Op 01570, 2009 NY Slip Op 01570, Appellate Division, Third Department Ginger Cummings was terminated from her position as a school bus driver with...

Book Review Highlight; Randall & Randall, Layoff, Preferred Lists and Reinstatement A Concise Guide

Posted on April 10, 2009
I am pleased to announce that Harvey Randall and Eric D. Randall just published there 3rd book entitled "Layoff, Preferred Lists and Reinstatement A Concise Guide." The price is $65, it runs 334 8.5 x 11 pages and is sold...

A board of education may require any school district or BOCES employee to submit to a medical examination to determine his or her fitness for duty

Posted on April 10, 2009
Appeal of D.R. from action of the Board of Education of the South Orangetown Central School District regarding a personnel matter. Decisions of the Commissioner of Education No. 15,885 The South Orangetown Central School District School Board directed D...

Employee dismissed after being found guilty of 14 of 16 allegations of misconduct by the Civil Service Law Section 75 hearing office

Posted on April 10, 2009
Matter of Roth v Manhasset Union Free School Dist., 2009 NY Slip Op 01807, Decided on March 10, 2009, Appellate Division, Second Department Jeffrey S. Roth, an audio-visual technician employed by Manhasset Union Free School District, was served with disciplinary...

A Democratic Senator Comes Out Against Employee Free Choice Act

Posted on April 09, 2009
An April 6, 2009 Washington Post article entitled Drifting Right, Lincoln Comes Out Again reports that Senator Blanche Lincoln (D-Ark.) will vote against the Employee Free Choice Act. Organized labor was counting on 100% Democratic support in the Senate...

Sanitation Worker Reinstated as AWOL Status Due to Arrest, Acquittal Is Not Misconduct

Posted on April 09, 2009
Silverzweig v. Doherty, ___Misc.3d___ (N.Y. Co. Feb. 2, 2009)(registration required), is a very interesting case. Plaintiff, a sanitation worker was dimissed for being AWOL. Why? He was in jail awaiting trial for Conspiracy to Commit Murder for Hire. Ultimately, he...

5th holds Manifest disregard of the law no basis for vacating arbitration award

Posted on April 09, 2009
Citigroup Global Markets, Inc v Bacon,____F.3d___(5th Cir. March 5, 2009), is an interesting case. The 5th Circuit held that "manifest disregard of the law" is no longer a valid independent ground for vacatur of an arbitration award in light of...

Sales rep unequivocally did not exercise FMLA rights

Posted on April 09, 2009
Righi v SMC Corp of Am, ___F.Supp.2d___(C.D. Ill.February 27, 2009), is an interesting case. The court held that a sales rep who emailed his supervisor requesting "a couple days off" to make arrangements for his mother, a diabetic who was...

School District Can Waive Its Right To Discharge Probationary Administrator

Posted on April 08, 2009
Consedine v. Portville Cent. School Dist., ___N.Y.3d___(April 7, 2009), is an important tenure decision. The Court of Appeals holds that a school district may enter into a contract waiving its right to discharge a probationary administrator, but that waiver must...

The Healthy Workplace Act Introduced Into Congress

Posted on April 08, 2009
On April 2, 2009, the Healthy Workplace Act was introduced into the 111th Congress. Senator Harkin's Press Release is available here. H.R. 1897 (S. 803) is a Bill that would amend the Internal Revenue Code to provide a tax credit...

Retraining Business Schools

Posted on April 08, 2009
Is It Time To Retrain Business Schools? is an interesting March 14, 2009 article from the New York Times. The article questions whether B schools should continue to place so much emphasis on finance. As the article states: The master?s...

Religious College Beyond Jurisdiction of NLRB

Posted on April 08, 2009
Carroll College v. NLRB,___F.3d___(D.C. Cir. March 13, 2009), is an interesting case. Petitioner college's petition for review of the NLRB's order that it bargain with the collective bargaining agent of its faculty is granted, where the college's religious educational environment...

Iowa Supreme Court Legalizes Gay Marriage

Posted on April 07, 2009
Varnum v Brien, (Iowa SCt, April 3, 2009), is another important case in the growing jurisprudence recognizing gay marriage. The Iowa Supreme Court held that a state statute limiting civil marriage to a union between a man and a woman...

Supervisor?s comments concerning an employee?s job performance protected by a qualified privilege absent a showing of malice

Posted on April 07, 2009
Bayer v City of New York, 2009 NY Slip Op 01762, Decided on March 10, 2009, Appellate Division, Second Department Hank Bayer, who was employed as a plumber by the New York City Department of Education, sued the City, the...

An individual may not withdraw or rescind his or her resignation without the consent of the appointing authority

Posted on April 07, 2009
Matter of Lewis v State Univ. of N.Y. Downstate Med. Ctr., 2009 NY Slip Op 01802, Decided on March 10, 2009, Appellate Division, Second Department State University Police Officer Robert Lewis submitted his written resignation from his position at the...

Does Student Right To Service Dog At School?

Posted on April 07, 2009
Hearing to decide if boy with diabetes can take service dog to Yonkers school is an interesting March 13, 2009 article from Hudson Valley News. It is about a Hearing Officer ruling which permits the student to take his German...

Crisis on Wall Street and Legal Profession-Special Report

Posted on April 06, 2009
Law.com has a Special Report on the crisis on Wall Street that readers may be interested in. It includes a firm layoff list. Some of the other articles are as follows: Lowenstein Sandler Lays Off 8 Percent of Attorneys Chicago...

1st Enforces NLRB Decision Finding Employer Committed ULP By Failing To Bargain Over Layoffs

Posted on April 06, 2009
Pan American Grain Co. v. NLRB____F.3d___(1st Cir. Feb. 24, 2009), is an interesting decision. The First affirms an earlier NLRB decision which found that the employer committed a ULP because it refused to bargain about layoffs caused by the need...

Statute of Limitations Under NY Civil Service Law Commences When The Decision Is Final

Posted on April 06, 2009
Arnold v. Erie County Medical Center, ___A.D.3d___(4th Dept. Feb. 6, 2009), is an important decision dealing with the statute of limitations under New York Civil Service Law. The statute of limitations itself is 4 months by virtue of the fact...

9th Circuit holds ADEA is the exclusive remedy for age discrimination in employment in public sector

Posted on April 06, 2009
Ahlmeyer v Nevada System of Higher Ed, ___F.3d___(9th Cir. February 18, 2009), is an important decision to be aware of. The 9th Circuit held that the ADEA is the exclusive enforcement mechanism for claims of age discrimination in employment, in...

The Law Teacher Newsletter

Posted on April 06, 2009
The Institute for Law School Teaching is now a collaborative effort of Gonzaga (Gerry Hess) and Washburn (Michael Hunter Schwartz). The institute's site has a tremendous amount of helpful information. Here is the latest newsletter EAL

Arbitrator Decision Giving Employer A Choice Of Penalties Is Upheld

Posted on April 05, 2009
Matter of Hansen, ___A.D3d___(3d Dept. Feb. 26, 2009), is a very unusual case. In this disciplinary arbitration, the arbitrator found the grievant guilty of the charged conduct, but gave the employer a choice of penalties. Either keep him and give...

Federal Law Does Not Permit Racial Discrimination Based Upon Client's Preferences

Posted on April 05, 2009
Pleener v. NYC Board of Education, ___F.3d___ (2d Cir. Feb. 24, 2009), illustrates an important employment discrimination principle. With respect to racial discrimination, an employer may never make a decision based upon the preferences of his clients...

Oregon may strengthen anti-bullying laws

Posted on April 04, 2009
The State of Oregon may strengthen its anti-bullying laws and require every school district and charter school to designate a person to receive and investigate bullying complaints. According to the Oregonian, this was prompted by a new study that reports...

Atty Censured For Failing To Pay Taxes

Posted on April 04, 2009
Corporate Attorney Censured For Failing to Pay Income Taxes is an interesting March 9, 2009 New York Law Journal article. It is about a big firm atty who failed to file income taxes on a 4.1 million dollars in income...

Adelphi Settles Sex Discrimination Suit Brought By College Profs For $300,000

Posted on April 03, 2009
A March 24, 2009 press release from the EEOC indicates that it settled a sex discrimination case on behalf of female college professors who alleged that they were paid less than male college professors for $300,000. the press release states:...

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