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" and a "maximum period of probation."New York courts have ruled that if the probationer appointed to a position in the Classified Service has not yet completed his or her minimum period probation he or she may not be summarily terminated from the position but is entitled to a  “notice and a  disciplinary hearing” as though he or she held "tenure in the position" on the rationale that a probationary employee is entitled to a minimum period of service to demonstrate his or her ability to satisfactorily perform the duties of the position.**On the other hand, a probationary employee serving a position in the Classified Service may be summarily terminated at any time after completing…

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