[DOWNLOAD] "Matter Devon Wilborn Et Al. v. Roger Starr Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Matter Devon Wilborn Et Al. v. Roger Starr Et Al.
• Author : Supreme Court of New York
• Release Date : January 12, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

[58 A.D.2d 785 Page 785] Judgment of the Supreme Court, New York County, entered after a non-jury trial in the office of the clerk on May 13, 1977, is modified on the law, to the extent that it directed that each of the 12 petitioners be subjected to an additional three-month probationary period, and judgment is directed to be entered reinstating petitioners as repair crew workers and otherwise affirmed, without costs and without disbursements. Following the receipt of evaluations by superiors, petitioners, while working as probationers, were discharged for unsatisfactory service. A probationer may be dismissed at the end of the usual probationary period, without charges and without a hearing and without reasons stated. The only limitation is that the determination to dismiss must not have been arbitrary and capricious. In such circumstances, the dismissal is subject to attack (Matter of Howard v Kross, 24 Misc. 2d 973). The issue at trial below was whether or not the city had acted in good faith in discharging petitioners. Special Term observed that the persons who did evaluate the petitioners also were in no position to know whether the petitioner [sic] performed satisfactorily and found that as to those petitioners [58 A.D.2d 785 Page 786]

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