Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawAt-will employee not entitled to a pre-termination hearing
Matter of Dorsey v Herkimer County Community Coll., 61 AD3d 1380
Janet Evelyn Dorsey was employed by the Herkimer County Community College in a series of annual and biyearly appointments and did not have a continuing appointment or other tenure status with the College.
Herkimer terminated Dorsey?s employment following allegations of misconduct asserted against her by another employee. Dorsey sued, seeking a court order [1] annulling her dismissal and [2] directing the college to conduct a pre-termination hearing as a condition precedent to her being terminated from her employment.
Supreme Court granted her petition and the College appealed.
The Appellate Division vacated Supreme Court?s order, ruling that Dorsey had no guarantee of employment and the College ?had not relinquished its right to terminate [her] without notice and hearing.? The court said that Dorsey?s status with Herkimer was that of ?an at-will employee? and thereby it could suspend or dismiss her from employment without a hearing and without a statement of reasons in the absence of proof that the dismissal was for ?a constitutionally impermissible purpose or contrary to statutory or decisional law.?
The court said that Dorsey had not presented any evidence that her termination was for ?a constitutionally impermissible purpose or contrary to statutory or decisional law."In addition, said the Appellate Division, there is no provision in the College?s employee handbook that prohibits it from suspending or terminating an employee without first conducting a hearing.
Full post as published by New York Public Personnel Law on February 04, 2010 (boomark / email).
Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Police Officer
City of Tonawanda awards former employee $47,000 wrongful termination settlement.
Road Supervisor
Nesquehoning Borough pays former employee $47,500 wrongful termination settlement.
Building Inspector Whistleblower
Mount Olive pays former city employee $130,000 wrongful termination settlement.
Wrongful Termination
alleging unjust termination of job.
Commonwealth Land Title Insurance Co.
allegedly failed to give policyholders discounted rates to which they were entitled.
Overtime, CA
California, you may be entitled to overtime wages

Parents Entitled To Effective Assistance In Termination Of Parental Rights Matters
Current Illegal Drug User Not Entitled To Leave And Termination Not Unlawful
Employee contract rights overridden by bankruptcy









