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Employee dismissed without a hearing after violating the terms of her disciplinary probation agreement

Employee dismissed without a hearing after violating the terms of her disciplinary probation agreement
Matter of Bradford v New York City Dept. of Correction, 2008 NY Slip Op 08530, decided on November 13, 2008, Appellate Division, First Department

Stephanie Bradford was dismissed from her position with the New York City Department of Corrections without a hearing on the grounds that she had violated the terms of a disciplinary probationary period.

Bradford challenged her dismissal and Supreme Court remand the matter to the Department, directing it to hold a pre-termination hearing. The Appellate Division unanimously reversed the lower court?s ruling, reinstating and confirming the Department?s action.

The Appellate Division said that Bradford?s agreement to serve a disciplinary probationary period in lieu of termination encompassed her conduct in relation to "rules, regulations, directives, operation orders, policies and institutional orders concerning: AWOLs, time and leave, sign in/out procedures, being on post and efficient performance ?."

Significantly, Bradford was terminated for repeatedly failing to submit reports required by the rules and regulations of Department of Correction, an omission that Bradford conceded she failed to honor.

As Bradford failed to introduce any evidence that her termination as a result of her violating the terms of her probationary agreement was made in bad faith or for an unlawful reason, the Appellate Division granted the Department?s appeal and vacated the lower court?s determination. At best, said the court, Bradford ?merely raised factual disputes that do not entitle her to a hearing.?

It is critical that the appointing authority be able to demonstrate that it terminated an individual serving a disciplinary probationary period pursuant to an agreement because the individual violated one or more of the terms of the agreement.

As an example, in Taylor v Cass, 505 NYS2d 929, a Suffolk County employee won reinstatement with full retroactive salary and benefits after the court determined that he was dismissed while serving a disciplinary probation period because reasons that were recited by the employer in justification of its action did not violate any of the terms or conditions of the agreement underlying Taylor?s disciplinary probationary period.

The full text of the decision is published on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08530.htm

Full post as published by New York Public Personnel Law on November 18, 2008 (boomark / email).