As a steward, you may become involved when a probationary employee is terminated. Probationary termination cannot be grieved except in the case of illegal discrimination. An investigation should begin the moment you become aware of a termination. It is for you and the Field Representative to decide whether or not to forward the case to the appropriate Director of Field Services. Here the case will be reviewed and possibly filed as an Article 78 action in the Courts. There is a 120-day time limit from the date of termination for filing such action. It may also be possible to appeal the termination to the Civil Service Commission. There is a 30-day time limit from the date of termination for these appeals.
| Civil Service Rules and Regulations | CHECKLIST |
|---|---|
| 4.5(a) (5) (ii) | A PROBATIONER MAY BE TERMINATED AT ANY TIME AFTER 8 WEEKS AND BEFORE COMPLETION OF THE PROBATIONARY TERM. When did the probation begin? When is it terminated? |
| 4.5(a) (5) (iii) | THE PROBATIONER'S SUPERVISOR SHALL CAREFULLY OBSERVE CONDUCT AND PERFORMANCE. Did this occur? What facts exist which show that this did not happen (eg. was the supervisor on extended leave of absence during the period)? |
| 4.5(a) (5) (iii) | THE SUPERVISOR SHALL REPORT IN WRITING ON THE PROBATIONER'S CONDUCT AND PERFORMANCE AT LEAST 2 WEEKS PRIOR TO THE END OF THE PROBTIONARY TERM. Did this occur? Get a copy of the report. |
| 4.5(a) (5) (iii) | THE SUPERVISOR SHALL, FROM TIME TO TIME, ADVISE THE PROBATIONER OF HIS STATUS AND PROGRESS. Did the supervisor do this? If in writing get a copy. If verbal: What was said? When and Where? Were there witnesses? |
| 4.5(a) (5) (iii) | A PROBATIONER SHALL RECEIVE WRITTEN NOTICE OF TERMINATION AT LEAST ONE WEEK PRIOR TO SUCH. Did this occur? Obtain a copy of the letter. |
| 4.5(a) (5) (iii) | UPON REQUEST THE PROBATIONER SHALL BE GRANTED AN INTERVIEW WITH THE APPOINTING AUTHORITY OR HIS REPRESENTATIVE. Has the employee requested and been denied? See Negotiated Performance evaluation MOU (PEF/NYS)THE PROBATIONER SHOULD BE GIVEN A PERFORMANCE PROGRAM (TASKS AND OBJECTIVES) PRIOR TO THE 7th WEEK ON THE JOB? Did this occur? When did the employee receive this program? Obtain a copy of such. |
| DISCRIMINATION | Do you as the Steward, after investigating the circumstances surrounding the termination, believe there was an illegal motive for the discharge (i.e.: race, creed, disability, union activity, sex, age, criminal record, color or marital status)? |
The above are some of the standards used to judge the merits of a probationary termination. Based on this information, a logical course of action can be developed by PEF Field Services, Legal and Research (i.e.: Civil Service Appeal, an Article 78 proceeding, Human Rights Charge)