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March 15, 2011

Serving disciplinary charges on an employee in a disciplinary probation period status does not preclude his or her summary termination

Serving disciplinary charges on an employee in a disciplinary probation period status does not preclude his or her summary termination
Matter of Nieves-Diaz v City of New York, 37 AD3d 356

After being served with disciplinary charges while serving a disciplinary probation period, New York City Police Detective Luis Nieves-Diaz was summarily terminated from the Department without being given a pre-termination hearing on those charges.

In response to Nieves-Diaz’s appeal challenging his termination, the Appellate Division said that because Nieves-Diaz was on “dismissal probation,” he was subject to termination for any reason or for no reason, and without explanation, as long as the termination was not made in bad faith or for an impermissible reason.

Nieves-Diaz’s appeal did not allege that his termination was made in bad faith or for an impermissible reason.

Noting that the Department had “broad prerogative” to terminate Nieves-Diaz as a probationary employee, the Appellate Division ruled that the fact that Nieves-Diaz was served with disciplinary charges while in disciplinary probation status did not preclude his summary termination as a probationary employee.

Thus, said the court, the Department was not required to provide Nieves-Diaz with a “pre-termination hearing” regarding the charges that were served on him while he was in probationary status as a “condition precedent” to his dismissal.

The decision is posted on the Internet at:
http://nypublicpersonnellawarchives.blogspot.com/2007/02/summary-termiination-during.html
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