Wednesday, October 20, 2010

Probationary termination

Probationary termination
Green v Board of Education, 263 AD2d 385

Verna Green, a New York City probationary teacher, was terminated from her position. She sued, seeking reinstatement to her former position.

The Appellate Division sustained a lower court’s dismissal of Green’s petition. It pointed out that Green, as a probationary employee, could be terminated without a statement of reasons provided that the termination was not made in bad faith, was not made in violation of statutory or decisional law, or made for unconstitutional or illegal reasons.

Green had the burden of establishing such bad faith or illegal reasons were the basis for her termination. On this issue, the Appellate Division commented that “conclusory allegations of bad faith are insufficient to meet this burden or to warrant a hearing.”
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Posted by The Public Employment Law Press on

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