October 1

Can you appeal an Administrative Law Judge’s decision to terminate your employment?

So I frequently get asked the question:

Are there are options when you are terminated following an administrative hearing?

The answer is yes. There is a section in the New York State Civil Practice Law and Rules known as Article 78 which allows you to file a Notice of Petition and Petition in the Supreme Court of the County concerned and request that a judge review the determination of termination.

One of the very important differences under New York State Education Law 3020a a teacher would have a 10 day Statue of Limitations which runs from the day you or your attorney receives the determination.

In either case you would want to call me at 888-998-9984 to discuss your options.

Visit New York State CPLR Article 78 by clicking here. Click on Civil Service Law and then Article 78.

For teacher issues visit www.attorneyforteachers.com

To look at my blog please visit civilservice.sheerinlaw.com

November 19

NO CREDIT FOR TIME TEACHING UNDER A DIFFERENT LICENSE

The question presented in this Article 78 case:

Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status?

In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to her current service push her past probation. The court ruled that since the original license service was not ruled satisfactory could not be added two the current probationary period.

To read about this probationary teacher termination article 78 appeal click here.