PEF fights to save whistleblower
By DEBORAH A. MILESIn an unusual move, PEF is going to bat to represent a member who was fired during his probationary period.
The union has gone to court over Timothy Garrity’s firing, arguing he was terminated for becoming a whistleblower. He reported missing drugs, deleted prescriptions in the pharmacy’s computer program and various other irregularities that violated pharmaceutical standards and state and federal regulations.
Garrity was hired as a supervising pharmacist 2 at the state University of New York at Albany last May. After 11 weeks of verbal commendations, he suddenly was jolted with a letter of termination.
“My supervisors told me I was refreshing, professional and attentive. They literally raved about my work to the point where I was embarrassed,” Garrity said. “And when I was just doing my job, I got fired.”
Garrity believes he was terminated for reporting illegal activities in the pharmacy to several government authorities.
PEF steps in
Garrity’s first course of action was to contact PEF field representative Kurt Minersagen, who attended an exit interview with the 59-year-old pharmacist. Garrity was told he was fired for being insubordinate to a university official.
“For me to be insubordinate was impossible,” Garrity said. “I never met the man or had any communication with him.”
Minersagen then referred Garrity to PEF’s legal department and associate counsel Harold Eisenstein was assigned to the case.
“I thought this case deserved our attention,” Eisenstein said. “The law is written in favor of the employer, so we have a difficult case. But the union is doing the right thing in standing up for this individual’s civil rights.”
First Amendment issue
Under the state Civil Service Law, during a probationary period employers have the right to dismiss an employee for almost any reason, except illegal ones. PEF contends Garrity’s termination was arbitrary and capricious, and illegal because it violated Garrity’s right to freedom of speech under the First Amendment to the Constitution.
“The fact that Mr. Garrity spoke out to appropriate government agencies to inform them of violations is protected by the First Amendment. He had the right to speak out and was punished for doing so,” Eisenstein said.
“PEF is taking on this challenge for me because there was blatant abuse by management,” Garrity said.
Garrity was fired the day before investigators from the state Office of Professional Discipline and the university’s campus police were due to make a scheduled visit to the pharmacy. Although Garrity was no longer an employee, he met with the inspectors because his signature was on a complaint regarding missing drugs. He was also required to do transitional paperwork.
At that meeting, Garrity discovered that during the previous night, someone broke in and stole more drugs
“There was blatant theft,” Garrity said. “People were stealing drugs, and I got fired for doing my job.”
Not in it alone
“I felt very isolated and alone when this first happened. PEF came through for me 100 percent. The union has not only provided phenomenal legal counsel, but a level of comfort for me — a working man. And I’ve learned to pick up the phone and call PEF before I do anything,” Garrity said.
PEF filed an Article 78 proceeding with the state Supreme Court, and is seeking back pay, other benefits and compensatory damages.
“The oral argument is scheduled in February. The judge will issue a written decision later.
“It’s difficult to win probationary termination cases, but I’m confident that our facts are correct and that union support is fully warranted here,” Eisenstein said.
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