Summary
holding that fired employee was not retaliated against where employee had consistently poor job performance ratings and multiple unexplained absences
Summary of this case from Hyman v. Cornell Univ.Opinion
January 18, 1996
Appeal from the Supreme Court, New York County [Robert Lippmann, J.].
The scope of judicial review in this proceeding is limited to the question whether respondent Commissioner's determination is, upon the whole record, supported by substantial evidence and the Commissioner's determinations are to be accorded substantial deference (Matter of State Div. of Human Rights v County of Onondaga Sheriff's Dept., 71 N.Y.2d 623, 630-631; Matter of Graham v New York State Div. of Human Rights, 197 A.D.2d 516). Here, there is ample evidence in the record to support the administrative determination that petitioner failed to establish that she was improperly terminated from employment because of a disability or in retaliation for instituting Human Rights proceedings in State and Federal venues. Petitioner received poor job performance ratings for three years, had many unexplained absences, and also offered false excuses for missing work.
Concur — Rosenberger, J.P., Wallach, Rubin, Nardelli and Mazzarelli, JJ.