Personnel
Excessive absence/incompetence charge shown by 73% absence rate.
The Department of Environmental Protection charged that a sewage treatment
worker was incompetent due to excessive absence and AWOL. He was also
charged with being disrespectful to a supervisor. Supervising ALJ Joan
R. Salzman found that the uncontested proof that respondent was absent
on 287 of 391 work days during an 18-month period, an absence rate of
73%, established the incompetence charge. She also found that petitioner
proved the AWOL and disrespect charges. Noting respondent’s abysmal
attendance record (exacerbated by his use of profanity to his supervisor),
she found the AWOLs and the incompetence due to excessive absence to be
independent bases for termination, and recommended termination of the
respondent’s employment.
Dep't of Environmental Protection v. Post
(in PDF), OATH Index No. 1420/12 (Aug. 21, 2012), adopted, Comm'r Dec.
(Sept. 4, 2012).