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January 03, 2012

Termination of an employee during the probationary period

Termination of an employee during the probationary period
Matter of Matter of Deitch v City of New York, 2011 NY Slip Op 09322, Appellate Division, Second Department

Terence J. Deitch, a probationary police officer, was terminated from his position without a hearing. Deitch sued and Supreme Court directed the New York City Police Department to “reinstate [Deitch] and directed a hearing on the issue of the [Deitch’s] damages” that resulted from his dismissal from his position.

The Appellate Division reversed the lower court’s determination and denied Deitch’s petition.

The Appellate Division explained that "A probationary employee may be discharged without a hearing and without a statement of reasons in the absence of any demonstration that the dismissal was in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law."

Further, said the court, the individual ”bears the burden of establishing bad faith or illegal reasons by competent evidence."

Finding that Deitch failed to establish that his termination was made in bad faith or was otherwise illegal or arbitrary and capricious, the Appellate Division ruled that the Supreme Court should have denied Deitch’s petition and confirmed the Department’s decision to terminate him.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_09322.htm


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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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