Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Wednesday, February 15, 2012

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

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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 in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.