New York City Disciplinary Appeals Lawyer

Attorney Helping Civil Service Employees in Manhattan and Brooklyn

The disciplinary process for civil service employees in New York State allows public sector employers to discipline or remove employees who do not comply with the employer's policies or standards. The process is also designed to protect tenured civil service workers from being disciplined or terminated arbitrarily or unfairly by their employers.

At The Law Firm of Gregory J. Watford, Esq., PLLC, we are equipped to help civil service employees manage every stage of the disciplinary process, from investigative interviews, to the filing of formal charges, and due process hearings. We realize, however, that such hearings do not always go as expected, and adverse decisions are possible. If you were found guilty of misconduct or incompetence by your employer due to a procedural or evidentiary error, or if the imposed penalty was inappropriately harsh, our team will work with you in filing your disciplinary appeal.

Experienced Counsel for Civil Service Disciplinary Appeals in Kings County and Queens County

Attorney Gregory J. Watford is a seasoned lawyer with more than 25 years of experience in the practice of law and over a decade of experience as a law enforcement investigator. He is also an appointed arbitrator who has been trained to apply the law in a judiciary capacity. His combined background allows Mr. Watford to identify possible mistakes made during the civil service disciplinary processes, including mistakes that could provide a basis for an appeal. He and the rest of the team at The Law Firm of Gregory J. Watford, Esq., PLLC can assist with your appeal even if we did not represent you at your original hearing.

What Can Be Appealed and How Long You Have to Appeal

When you are the subject of the civil service disciplinary process, it means you have been accused of misconduct or incompetence. If you are found guilty on one or more charges, your employer could impose penalties that include:

• A formal reprimand;
• Up to a $100 fine;
• Suspension with no pay for up to 60 days;
• Demotion in title and pay grade; or
• Termination from your job.

Section 76 of the state's Civil Service Law gives you the right to file an appeal regarding the finding of guilt, as well as any penalty other than a formal reprimand. Your appeal may be filed with the Civil Service Commission in your area, your local County Court, or the New York Supreme Court. If you appeal to the state or local Civil Service Commission, you must file the appeal within 20 days of receiving the notice of your disciplinary determination. You have 120 days to appeal the decision to the County Court or the Supreme Court.

The Appeals Process for New York Civil Service Disciplinary Actions

When you appeal your case to the Civil Service Commission, you will be scheduled to attend a conference generally within 90 days. The Commissioners will review your case history, including transcripts from your hearing, interviews, and any other relevant information. At the conference, you and your lawyer will have the opportunity to present your argument regarding the mistake or mistakes that you believe were made during the disciplinary process. The Commission will then review the presented arguments and decide whether to reverse, affirm, or modify the original determination of guilt and applicable penalties. Once the Commission has ruled, you cannot generally appeal its ruling to the courts except in extremely rare situations.

If you appeal your employer's determination in State Court, you are essentially asking a New York judge to conduct a judicial review of the findings. You will not get a new trial in court, but a hearing will be held so that both sides can present arguments. The court has the authority to overturn or modify the findings and/or associated penalties as well. Court appeals can be extremely complex, and if you decide that you want to appeal, you should have an experienced attorney to defend your rights and fight for you on appeal.

Our team will sit down with you to discuss your situation and your options for filing an appeal. We will help you decide on the best venue for continuing your case and protecting your rights. You can depend on us to provide trusted guidance and representation at every stage of the appeals process.

Call 646-580-6675 Today

For more information about appealing a disciplinary decision in New York City, contact our office. Call 646-580-6675 to schedule a confidential consultation and case review at The Law Firm of Gregory J. Watford, Esq., PLLC today. We serve civil service workers in Manhattan, Brooklyn, Queens, The Bronx, Mineola, New City, Mt. Vernon, White Plains, New York County, Kings County, Queens County, Bronx County, Nassau County, Rockland, Westchester County, and the surrounding areas.