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State of New Jersey, Civil Service Commission
Governor Phil Murphy • Lt.Governor Sheila Oliver


4A:2-4.1 Notice of termination
(a) An employee terminated from service or returned to his or her former permanent title at the conclusion of a working test period due to unsatisfactory performance shall be given written notice in person or by certified mail by the appointing authority.

(b) The notice shall inform the employee of the right to request a hearing before the Civil Service Commission within 20 days of receipt of the notice.

(c) The notice shall be served not more than five working days prior to or five working days following the last day of the working test period. A notice served after this period shall create a presumption that the employee has attained permanent status. top of page

(a) An appeal shall be made in writing to the Civil Service Commission no later than 20 days from the employee's receipt of written notification from the appointing authority of the termination from service or return to a former permanent title.

(b) If the appointing authority fails to provide the notice as specified in N.J.A.C. 4A:2-4.1, an appeal must be filed within a reasonable time.

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(a) An appeal to the Commission shall be processed in accordance with N.J.A.C. 4A:2-2.9.

(b) The employee has the burden of proof to establish that the action was in bad faith.

(c) If bad faith is found by the Commission, the employee shall be entitled to a new full or shortened working test period and other appropriate remedies. See N.J.A.C. 4A:2-1.5. top of page

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