Termination of employment recommended for long-term absence following arrest.
After an assistant highway repairer was arrested and could not make bail he was absent from work for 10 months. He was charged with excessive absenteeism and absence without authorization, as well as conduct prejudicial to good order based on the arrest. ALJ Faye Lewis sustained the absenteeism charges on an incompetence theory, finding that his lengthy absence, with no showing he would return soon, rendered him incompetent to perform the duties of his position. Dep’t of Transportation v. Pierre (in PDF), OATH Index No. 2112/11 (Oct. 3, 2011), adopted, Comm’r Dec. (Oct. 24, 2011).