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Probationer must prove dismissal was made in bad faith or for a statutorily or constitutionally impermissible reason

Probationer must prove dismissal was made in bad faith or for a statutorily or constitutionally impermissible reason
Matter of Bonanno v Nassau County Civ. Serv. Commn., 009 NY Slip Op 01114, Decided on February 10, 2009, Appellate Division, Second Department

Dorothy H. Bonanno, a probationary employee dismissed from her position, sued to regain her position alleging that her termination was arbitrary nor capricious.

The Appellate Division, observing that "A probationary employee may be terminated without a hearing and without a statement of reasons in the absence of a showing that the termination was for a constitutionally impermissible purpose, in bad faith, or in violation of statutory or decisional law," dismissed her appeal.

Noting that Bonanno had the burden of demonstrating bad faith by ?competent evidence, not speculation," the court said that the appointing authority?s decision to discharge her ?was rationally based and thus was neither arbitrary nor capricious.?

Further, said the court, Bonanno failed to prove that her dismissal was carried out in bad faith or illegally accomplished nor did she raise a "material issue of fact" with respect to that issue so as to warrant a hearing.

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_01114.htm

Full post as published by New York Public Personnel Law on February 23, 2009 (boomark / email).