Legal Updates

March 16 (New F&F Decision):
After several counseling memos directing employee to improve his attendance, the District terminated the employee based on excessive absences. However, in a “last chance” warning memo to the employee, the District erroneously misclassified some of the employee’s absences as Workers Compensation when they were not; employee brought a claim that the District had terminated him in retaliation for taking Workers Compensation leave and benefits. The Workers Compensation Board Administrative Judge agreed, calling the last chance memo “unconscionable” and therefore, unenforceable. On appeal to the Workers Compensation review panel, the decision was reversed because there was no evidence that the District’s reason for terminating the employee was because he received Workers Compensation benefits. The Panel noted that the District had issued several warnings to the employee to improve his attendance and that it is permissible to terminate an employee based on excessive absences, even when due to a Workers Compensation injury.
Click to Download Document

For further information on earlier updates, or if you have questions about any of the above items, please email


Connect With Us
  • Frazer & Feldman, LLP BBB Business Review
  • Email Us

Events Calendar
  • Friday, March 22, 2024
    Nassau/Suffolk Annual School Law Conference

    Christie Jacobson will be co-presenting on the topic of New York State Freedom of Information Law. The program will take place at the Nassau Academy of Law; 133 15th Street, Mineola, NY 11501

  • Click for more Past Events
Contact Us

I have read the disclaimer