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Probationary employee dismissed on the basis of reports indicating a potential violation of the employer?s rules

Probationary employee dismissed on the basis of reports indicating a potential violation of the employer?s rules
Matter of Shabazz v New York State Dept. of Correctional Servs., 2009 NY Slip Op 04336, decided on June 4, 2009, Appellate Division, Third Department

The Appellate Division affirmed a judgment of the Supreme dismissing a petition filed by Malik Shabazz seeking a review a determination of Correctional Services? terminating his employment.

Shabazz, who had been appointed as a chaplain, was serving his probationary period. In response to reports submitted by a number of employees the Department determined such reports were sufficient to establish a potential violation of the Department's employment rules by Shabazz.

Those reports, together with an earlier episode noted by Shabazz?s supervisor, resulted his termination.

Shabazz then initiated an Article 78 proceeding alleging that the Department had terminated him in bad faith. Supreme Court dismissed Shabazz?s petition; the Appellate Division affirmed the lower court?s ruling.

Citing Swinton v Safir, 93 NY2d 758, the Appellate Division said that a probationary employee may only challenge his or her termination if he or she demonstrates that he or she was dismissed in bad faith or for an improper reason. The court pointed out that ?No hearing or even a statement of reasons is required absent proof that the discharge was constitutionally impermissible or in violation of law.?

In this instance Shabazz had the burden of submitting proof "sufficient to raise a question of fact as to whether the dismissal was due to causes unrelated to work performance and/or improperly motivated."

However, said the court, the Department ?amply demonstrated? that Shabazz was dismissed due to its belief, supported by the statements of several employees and his supervisor, that there had been a potential violation of the rules of employment, and that this posed a security and safety risk.

Although Shabazz alleged that those individuals were mistaken or lying and stated that the prior allegation regarding his conduct was satisfactorily resolved, the Appellate Division viewed ?these unsupported assertions as insufficient to call into question whether his dismissal was unrelated to his work performance or otherwise improper.?

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_04336.htm

Full post as published by New York Public Personnel Law on June 09, 2009 (boomark / email).