No issue of fact as to bad faith is raised by petitioner's disputed assertion that respondent was aware of his preexisting back condition at the time it appointed him to the position, or by the fact that respondent had returned petitioner to full duty about a week before it terminated him. Clearly, it was not bad faith on respondent's part to hire petitioner with the intention of assessing his back condition as it related to his performance in training, and then to terminate...
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