Smack v. Department of Health & Mental Hygiene

Presented in this case is the issue whether termination of a probationary employee, for whom cause for termination may exist and of which the probationary employee has been apprised as the basis for the termination, may proceed without complying with Maryland Code (1987, 1997 Replacement Volume) § 11-106 of the State Personnel and Pensions Article. 1 Stated differently, the issue is whether a termination “related to employee misconduct,” occurring during an employee’s probationary period, a “disciplinary action” within the meaning of § 11-106, is subject to the requirements of that provision.…