Building Caretaker Properly Dismissed for Threats to Supervisor

May 31, 2007

LVT Number: 19641

After holding a hearing, landlord NYCHA terminated the employment of a building caretaker. NYCHA determined that the caretaker had threatened and used abusive language toward a supervisor, and made a false statement to police. The employee appealed, claiming NYCHA's decision was arbitrary and unreasonable. The court ruled against the employee. There was substantial proof in the record that the employee had threatened his supervisor after a disciplinary memo was placed in the employee's file.

After holding a hearing, landlord NYCHA terminated the employment of a building caretaker. NYCHA determined that the caretaker had threatened and used abusive language toward a supervisor, and made a false statement to police. The employee appealed, claiming NYCHA's decision was arbitrary and unreasonable. The court ruled against the employee. There was substantial proof in the record that the employee had threatened his supervisor after a disciplinary memo was placed in the employee's file. The supervisor testified that he saw the employee in a rage, heard him make threats, and saw him punch a hole in a door. Another NYCHA supervisor also testified that the employee repeated the threats to him by telephone.

Clancy v. NYCHA: NYLJ, 5/17/07, p. 28, col. 6 (App. Div. 1 Dept.; Tom, JP, Friedman, Sullivan, Buckley, Kavanagh, JJ)

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