A federal appellate refused to revive a lawsuit brought by an administrative law judge who says executives at the New York State Workers' Compensation Board violated his 1st Amendment rights by rescinding a promotion after watching a video of him arguing with a train conductor about masking policies during the pandemic.
R. Michael Cestaro was a compensation claims referee in August 2021 when he was offered a promotion to senior compensation claims referee and administrative law judge. The promotion was scheduled to take effect Sept 2, 2021.
On Aug. 28, 2021, Cestaro got into an argument ...
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