April 21, 2022

Terminating a probationary employee without a hearing

Supreme Court rejected Plaintiff's the petition to annul the determination of New York City Department of Education [DOE] which discontinued the Plaintiff's probationary employment as an assistant principal, and dismissing the proceeding brought pursuant to CPLR Article 78. The Appellate Division unanimously affirmed the Supreme Court's ruling.

Appellate Division explained that the Plaintiff failed to demonstrate that her probationary employment as assistant principal was terminated in bad faith, in violation of a law, or for an impermissible reason. The record, said the court, showed that DOE discontinued Plaintiff's employment as a probationary employee because of her failure to comply with directives, complete assignments, and in consideration of a "two-year history of poor work performance."

Citing Childs v Board of Educ. of the City of N.Y., 176 AD3d 560, the Appellate Division noted that in the absence of a demonstration that a probationer's  discontinuance of employment was made in bad faith or in violation of the law, a probationary employee, may be discharged without a hearing.

Click HERE to access the text of the Appellate Division's decision.

 

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