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| Re: RType3995 Suing NYPD, NYC for $1M in Photography Arrest: NYDN (803193) | |||
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Re: RType3995 Suing NYPD, NYC for $1M in Photography Arrest: NYDN |
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Posted by randyo on Wed Jul 1 14:53:56 2009, in response to Re: RType3995 Suing NYPD, NYC for $1M in Photography Arrest: NYDN, posted by Easy on Tue Jun 30 22:21:32 2009. Even if that were the case, every time the employee was denied a promotion he could bring an action that such denial was retaliatory for having prevailed in a legal action and it would then be up to the agency to prove otherwise. My father had a similar situation with the Dept of Correction in which the agency head appointed a crony to a top level position which was competitive and required an exam. My father took the case to court and the agency was forced to hold an exam and my father placed higher on the list than the hack who was holding the job provisionally and got the job. The agency didn't dare use the "one in three" rule since it would have been so patently obvious that denying my father the position would have been prima facie evidence of retaliation. Also, since the plaintiff's case has achieved media attention, the last thing the MTA would want is any more unfavorable publicity than it already has. |
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