New York Public Personnel Law: Probationary employee has the burden of showing his or her termination was made in bad faith or for an unlawful reason

May 21, 2015

Probationary employee has the burden of showing his or her termination was made in bad faith or for an unlawful reason

Probationary employee has the burden of showing his or her termination was made in bad faith or for an unlawful reason

2015 NY Slip Op 02220, Appellate Division, First Department

The Appellate Division sustained a Supreme Court’s dismissal of a probationary employee’s [Probationer] “motion to renew,” explaining that the lower court “properly determined that there was no basis to annul [the appointing authority’s determination to discontinue Probationer’s employment as an assistant principal

Probationer, said the court, failed to show that the appointing authority’s determination, upon reinvestigation and reconsideration, was made in bad faith, in violation of lawful procedure, or for a constitutionally impermissible purpose.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_02220.htm

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