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At-will employee not entitled to a pre-termination hearing

At-will employee not entitled to a pre-termination hearing
Matter of Dorsey v Herkimer County Community Coll., 61 AD3d 1380

Janet Evelyn Dorsey was employed by the Herkimer County Community College in a series of annual and biyearly appointments and did not have a continuing appointment or other tenure status with the College.

Herkimer terminated Dorsey?s employment following allegations of misconduct asserted against her by another employee. Dorsey sued, seeking a court order [1] annulling her dismissal and [2] directing the college to conduct a pre-termination hearing as a condition precedent to her being terminated from her employment.

Supreme Court granted her petition and the College appealed.

The Appellate Division vacated Supreme Court?s order, ruling that Dorsey had no guarantee of employment and the College ?had not relinquished its right to terminate [her] without notice and hearing.? The court said that Dorsey?s status with Herkimer was that of ?an at-will employee? and thereby it could suspend or dismiss her from employment without a hearing and without a statement of reasons in the absence of proof that the dismissal was for ?a constitutionally impermissible purpose or contrary to statutory or decisional law.?

The court said that Dorsey had not presented any evidence that her termination was for ?a constitutionally impermissible purpose or contrary to statutory or decisional law."In addition, said the Appellate Division, there is no provision in the College?s employee handbook that prohibits it from suspending or terminating an employee without first conducting a hearing.

Full post as published by New York Public Personnel Law on February 04, 2010 (boomark / email).