Labor & Employment Law

Probationary termination of a classified service employee by a school district

Jeffrey Brewer was employed as an ?Aide to Students with Disabilities? by the Bethlehem Central School District. While still a probationary employee, Brewer was told that he was going to be terminated from his position effective March 1, 2006. Claiming that he was dismissed from his employment without receiving training or an evaluation and that he did not receive notice prior to termination, he appealed the District?s determination to the Commissioner.

The Commissioner dismissed Brewer?s appeal for lack of subject matter jurisdiction. He noted that Brewer did not claim that his former position was among those certified by the Commissioner of Education as being in the unclassified service, nor did he dispute the District?s assertion that he was a classified service employee.

Full post as published by New York Public Personnel Law on September 26, 2009 (boomark / email).