Tag Archives: probationary

Terminating an employee in the Classified Service of New York State or a political subdivision of New York State during his or her probationary period

Typically employees appointed to positions in the classified service* of the State of New York or a political subdivision of the State are subject to their satisfactory completion a probationary period defined in terms of a "minimum period of probation" … Continue reading

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New York State's Military Law provides certain benefits to a public employee "deployed on military service" before completing his or her probationary period

The Appellate Division reversed Supreme Court's denial of the CPLR Article 78 petition filed by a New York City police officer [Petitioner] seeking reinstatement to her position after the New York City Police Department [Department] terminated her employment as a … Continue reading

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A probationary employee may be summarily terminated during his or her probationary period provided it is not unlawful or made in bad faith

When the New York City Department of Education [DOE] terminated an individual [Educator] serving in a civil service position in the Unclassified Service* during his probationary period, Educator file a petition pursuant to CPLR Article 78 seeking a court order … Continue reading

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Setting the terms and conditions of a disciplinary probationary period

Pleading nolo contendere* to criminal charges that he had recklessly operated his personal automobile while off-duty, a New York City police officer and the New York City Police Department "disposed" of the subsequent administrative disciplinary action taken against the officer … Continue reading

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An employee serving a probationary period bears the burden of establishing that his or her "dismissal was due to causes unrelated to work performance and/or improperly motivated"

In York v McGuire, 63 NY2d 760, the Court of Appeals set out the basic rule concerning the dismissal of probationary employees as follows: “After completing his or her minimum period of probation* and prior to completing his or her maximum … Continue reading

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