Employer did not breach a “contract of employment” when it restored a probationary employee to the employee's former position

Employer did not breach a “contract of employment” when it restored a probationary employee to the employee's former position
Miller v Theodore-Tassy, 2012 NY Slip Op 00940, Appellate Division, Second Department

Margaret Theodore-Tassy’s motion for summary judgment dismissing Nancy Miller’s complaint insofar as asserted against her for alleged “tortious interference with contract“ was denied by Supreme Court. Theodre-Tassy appealed and the Appellate Division reversed Supreme Court’s ruling.

Miller was serving as a probationary assistant principal at a New York City elementary school. Following an alleged incident at the school Miller was discontinued as a probationary assistant principal, and reinstated to her teaching position. The New York City Department of Education [DOE]  then preferred charges against Miller pursuant to Education Law §3020-a. Ultimately Miller was found guilty of certain of the charges and the hearing officer imposed a $10,000 fine.

As to the law involved, the Appellate Division said that “To prevail on a cause of action alleging tortious interference with contract, a plaintiff must establish ‘the existence of a valid contract between the plaintiff and a third party, defendant's knowledge of that contract, defendant's intentional procurement of the third-party's breach of the contract without justification, actual breach of the contract, and damages resulting therefrom.’"

Here, said the Appellate Division, Theordre-Tassy made a prima facie showing of her entitlement to judgment as a matter of law by submitting evidence demonstrating that DOE did not breach a contract of employment with Miller when it discontinued Miller from her probationary assistant principal position. Further, noted the court, Miller failed to raise a triable issue of fact as to whether the DOE breached an employment contract with her.

It is well settled 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" [see Barry v City of New York, 21 AD3d 551]. 

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2012/2012_00940.htm