Probationary employee discharged for misrepresenting location of residence at time of employment

Probationary employee discharged for misrepresenting location of residence at time of employment
Munich v Dept. of Public Safety, 262 AD2d 959

A State Supreme Court judge annulled the Lackawanna Department of Public Safety’s dismissal of probationary firefighter Steven J. Munich prior to his completing his probationary period.

The Appellate Division reversed the lower court’s ruling, pointing out that “[i]t is axiomatic that a probationary employee may be discharged without a hearing and without a statement of the reasons for doing so provided the dismissal was not for a constitutionally impermissible purpose or in violation of statutory or decisional law.”

Here, said the court, Munich’s “false representations ... concerning his residence at the time of his employment with the City” provided a sufficient basis for his termination.
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