Wednesday, June 24, 2015

Dismissed probationary employee has the burden of showing that the decision leading to his or her termination was made in bad faith



Dismissed probationary employee has the burden of showing that the decision leading to his or her termination was made in bad faith
2015 NY Slip Op 04944, Appellate Division, First Department

A probationary correction officer [Probationer] challenged his employer’s decision to terminate him from his position. Supreme Court dismissed Probationer’s Article 78 petition and the Appellate Division affirmed the lower court’s ruling.

The Appellate Division explained that Probationer’s “unsupported assertions” that his employer, the New York City Department of Correction, improperly terminated his probationary employment are insufficient to satisfy his burden of establishing that his dismissal was made in bad faith.

The court said that “[m]ere conclusory allegations of bad faith based on speculation are not sufficient.”

The decision is posted on the Internet at

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Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

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

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

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