Restoration to eligible list a matter of discretion
Lee v Director of Personnel [Not selected for publication in the Official Reports]
Does a person who is discharged for failure to satisfactorily complete the required probationary period have a right to be restored to the eligible list?
In Lee v Director of Personnel a Supreme Court judge said that according to the Rules of the City of New York, restoration to the eligible list was a discretionary determination by the Director of Personnel.
The decision indicated that the discharged employee would have to show that the decision not to restore his name to the eligible list was done in bad faith or that the refusal was arbitrary or capricious.
The court also commented that a probationary employee may be dismissed prior to the end of the probationary term without notice and hearing.