Search for: "Bethel v. McGrath-McKechnie" Results 1 - 3 of 3
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Advancement to a higher level position not always a promotion entitling employee to a leave of absence from his or her former position
17 Nov 2010, 3:54 am
Advancement to a higher level position not always a promotion entitling employee to a leave of absence from his or her former positionBethel v McGrath-McKechnie, 258 AD2d 316, Reversed, 95 NY2d 7If an employee is promoted to a position in which he or she is required to serve a probationary period, the individual is given a leave of absence from his or her former position and is to be restored to that position if he or she fails the probationary period (Section 63.1, Civil… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Employee's acceptance of an appointment from an open-competitive eligible list to another position may be deemed a resignation from the employee's former position
30 Jan 2013, 4:00 am
In Bethel v McGrath-McKechnie, 95 N.Y2d 7, the Court of Appeals ruled that an individual who accepts an original appointment to a position from an open-competitive examination effectively resigned from his or her former position. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee has the burden of proof that the decision that he or she did not satisfactorily complete a probationary period was made in bad faith
23 Apr 2010, 5:23 am
Here the court distinguished a promotion from a promotion list from a “promotion” to a higher level position from an open competitive examination list.Similarily, in Bethel v McGrath-McKechnie, 95 N.Y.2d 7, the Court of Appeals ruled that Bethel had not been promoted and thus Civil Service Law Section 63(1) did not apply to her situation. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/