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Dismissed probationer has the burden of showing the termination was for an unlawful or other improper conduct

Dismissed probationer has the burden of showing the termination was for an unlawful or other improper conduct
Johnson v New York City Dept. of Education, 2010 NY Slip Op 04195, decided on May 11, 2010, Appellate Division, Second Department

Citing Matter of Swinton v Safir, 93 NY2d 758, the Appellate Division said ?A probationary employee may be discharged without a hearing* and without a statement of reasons in the absence of a demonstration that the termination was in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law."

Finding that Beulah P. Johnson, a probationary librarian employed by the New York City Department of Education, failed to carry her burden of presenting competent proof that her termination was in bad faith, for illegal reasons, or in violation of statutory or decisional law, the Appellate Division affirmed Supreme Court?s dismissal of her petition seeking to overturn the Department?s decision to terminate her during her probationary period.

In the words of the court, Johnson ?failed to meet her burden of demonstrating that the judgment was procured as a result of fraud, misrepresentation, or other improper conduct? on the part of the New York City Department of Education.

* N.B. Case law hold that a probationary employee is entitled to notice and hearing in the event he or she is being terminated prior to the completion of his or her minimum period of probation. The rationale advanced by the courts for this exception: an individual is entitled to a minimum period of service to demonstrate his or her ability to satisfactorily perform the duties of the position.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_04195.htm

Full post as published by New York Public Personnel Law on May 18, 2010 (boomark / email).