Practice point: A probationary employee may be terminated without a hearing and without a statement of reasons, absent a showing that the termination was for a constitutionally impermissible purpose, in bad faith or in violation of statutory or case law.
Practitioners should note that, in challenging the termination, a petitioner has the burden of demonstrating bad faith by competent evidence, not mere speculation.
Case: Matter of Bonanno v. Nassau County Civ. Serv. Commn., NY Slip Op 01114 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Family Law.
