Does a decision to grant or deny interim reinstatement of a terminated employee have to be reviewed for review?
MultiRegion, United States of America
The following excerpt is from Adelman v. Berryhill, No. 16-3365-cv (2nd Cir. 2018):
7. Ordinarily, the decision to grant or deny interim reinstatement is reviewed only for abuse of discretion. State of New York v. Sullivan, 906 F.2d 910, 918-19 (2d Cir. 1990). Here, however, there is no exercise of discretion to review because the district court did not deny interim reinstatement rather, the court incorrectly found that it could not consider the termination decision at all. Therefore, we are not constrained by that standard of review.
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