Some due process consideration in the event an employee is terminated from his or her probationary period

Posted on April 9, 2018 by lawhukukinet

Terminated from his probationary employment as a correction officer, the Petitioner in this Article 78 action challenged his dismissal, alleging, among other things, that his probationary period had ended prior to his termination and that he was therefore entitled to certain protections under the Civil Service Law as a "tenured" employee. In effect, Petitioner was contending that he had attained tenure by "tenure by estoppel,* sometimes referred to as "tenure by acquiescence" by operation of law ……

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