Monday, April 24, 2017

Probationary Teacher Can Be Terminated For Any Reason As Long As It Is Not An Unlawful Reason

Matter of Co-Brellis v. Board of Education, ___A.D. 3d___, 2017 NY Slip Op 02599 (1st Dep't. April 4, 2017), is illustrative of a basic principle of law; probationary teachers and other public employees can be terminated without a hearing so long as the termination is not in bad faith or in violation of the law. As the court explained:

A "probationary employee may be discharged for any or no reason at all in the absence of a showing that [the] dismissal was in bad faith, for a constitutionally impermissible purpose, or in violation of law" (Matter of Brown v City of New York, 280 AD2d 368, 370 [1st Dept 2001]). Where there is evidence to rationally support an unsatisfactory rating, the rating must be upheld (see Matter of Murnane v Department of Educ. of the City of N.Y., 82 AD3d 576 [1st Dept 2011]).

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2d Circuit Holds Union Speech Can Be Protected By The First Amendment

Montero v. City of Yonkers, ___F.3d___(2d Cir. May 16, 2018), is an important First Amendment decision.