Johnson v. Katz

Yesawich, Jr., and Harvey, JJ.,

dissent and vote to affirm in the following memorandum by Harvey, J. Harvey, J. (dissenting). We respectfully dissent. We conclude that the evidence fully supports Trial Term’s determination that the termination of petitioner’s employment was arbitrary, capricious and in bad faith.

During her probationary period, the employer was required to appraise and to rate petitioner’s performance. The appraisal was not only for the purpose of assessing job performance, but also of apprising petitioner in a timely manner as to a deficiency in her performance so that she…