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Criteria for Determining the Propriety of the Termination of a Probationary State Employee Explained

The Second Department explained the criteria for determining the propriety of the termination of a probationary (state) employee:

“The employment of a probationary employee may be terminated without a hearing and without a statement of reasons in the absence of a demonstration that the termination was in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law” … . Here, the petitioner failed to carry his burden of presenting competent proof that his termination was improper … . The record demonstrates that the petitioner's performance was consistently unsatisfactory despite repeated advice and assistance designed to give him the opportunity to improve, and, thus, that his discharge was not made in bad faith… . Matter of Triola v Daines, 2015 NY Slip Op 00896, 2nd Dept 2-4-15


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