Legal Question in Employment Law in New York

Probationary Firing

I took a civil service exam for

a position w/the NYS DMV. I scored high on the list. After 2 yrs. I received an appointment to the position.

It is a field job where I was marginally supervised by a person who seemed to have 'something against me'. She would constantly critize me for 'non issues' When I complained to her immediate supervisor I was placated with 'everyone likes you, I see you're a good worker, don't worry about it.'' I was supposed to receive evaluations on specific dates, I did not receive them. It was a seasonal job, which w/good evaluations would be recurring.

On the last day of the season, the top level supervisor gave me a letter saying my performance was unsatisfactory, and I was terminated. Because the person who supervised me was so erratic, I kept a diary of all the incidents that I felt were unreasonable, so that I would have proof of my competency. Basically, I was fired because my immediate supervisor and the top level supervisor are very close friends(they have worked together for over 15 yrs. and she was appointed to her mgt. position by the top supervisor who told me not to worry)It was easier to placate 'her girl' than retain me. What, if anything can I do to be reinstated?


Asked on 1/16/07, 10:38 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Probationary Firing

If you don't have a written contract specifying length of employment, and do not feel thast you were discriminated against for age, (over 40) gender, national origin, religion etc, there is

no real remedy. If it was a civil service position there ought to be a hearing under the civil service act.

However, if you do fall into one of the "protected classifications"

and the supervisors favored another classification, you can likekly establish discrimination.

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Answered on 1/17/07, 6:32 pm


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