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What is the Difference Between Medical Separation and Disciplinary Termination?

 Posted on June 05, 2024 in Civil Service Employment and Job Defense

Bronx Disciplinary Charges LawyerIn the realm of civil service employment in New York, two distinct pathways can lead to the end of an employee’s tenure: medical separation and disciplinary termination. Both processes carry significant implications for the affected employee, but they arise from entirely different circumstances and follow different procedural routes. If you are a tenured civil service employee seeking to navigate either the medical separation or disciplinary termination process, a qualified New York attorney can assist you. 

Medical Separation Means a Health Driven Departure

Medical separation occurs when an employee is unable to perform the duties of his or her position due to a medical condition. This condition could be physical or psychological and often requires substantial medical documentation to back up the claim. The process typically begins when the employer provides medical evidence that the employee cannot continue to perform his or her job duties. A physician’s certification and potentially an independent medical examination may be necessary. Moreover, employees can appeal a medical separation decision if he or she believes the decision was not justified. This involves providing additional medical evidence or demonstrating reasonable accommodation was not adequately considered. 

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Three Ways a Lawyer Can Help You in a New York Civil Service Investigative Interview

 Posted on May 23, 2024 in Civil Service Employment and Job Defense

Bronx Investigative Interview LawyerNavigating a New York investigative interview as a civil service employee can be complex and nerve-wracking, which makes the hiring of a seasoned attorney essential to ease the difficulty of the process. Using his or her extensive experience, a competent attorney can help you thoroughly prepare, provide advice on protecting your rights, and accompany you during the interview to provide legal and moral support. 

Using his 25 years of legal experience, Attorney Watford at The Law Firm of Gregory J. Watford, Esq., PLLC is an exceptional attorney that can provide clients a significant edge when facing an investigative interview. Attorney Watford knows the legal system and is ready to provide key assistance as you prepare and undergo your investigative interview.

Thorough Preparation for Your Investigative Interview

In the vast majority of legal matters, the first step to a favorable outcome, especially when dealing with the prospect of an investigative interview, is adequate preparation. However, the right amount of preparation can only be truly achieved through a robust understanding of the law. That is where your attorney will come into play. He or she will be able to comprehend the issues at hand, what kind of questions you could be asked in the interview, and how to structure your answers effectively. Your lawyer will walk you through various scenarios, preparing you for what you may expect behind closed doors when it is time for the interview. 

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What to Know About Section 75 and Civil Service Law in New York 

 Posted on May 03, 2024 in Civil Service Employment and Job Defense

Manhattan Civil Service Employee LawyerEmployee discipline is a complex and often challenging aspect of the employer-employee relationship, especially in the state of New York. Understanding the legal framework surrounding employee discipline is important for both employers and employees to understand. Section 75 of the New York Civil Service Law plays a considerable role in protecting the rights of public employees facing disciplinary actions. If your public sector employer has begun threatening you with disciplinary action, you need an experienced attorney to protect your rights and interests. 

At The Law Firm of Gregory J. Watford, Esq., PLLC, our knowledgeable attorney has the resources and skills to provide you with the legal insights and defense that you need to navigate this stressful process effectively. We work closely with each of our clients to ensure they have the best possible chance at obtaining a case outcome in his or her favor. 

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Is Stalking and Harassment the Same Crime in New York?

 Posted on April 19, 2024 in Criminal Defense

NYC Criminal LawyerIn New York, stalking and harassment are two distinct crimes under the law. While both involve unwanted behavior that causes fear or distress to the victim, key differences exist between the two offenses. If you are facing criminal charges related to stalking, harassment, or both, hiring a seasoned criminal defense attorney is important to protect yourself against the worst-case scenario: a conviction of the charges you face.

With over ten years of law enforcement experience, Attorney Watford at The Law Firm of Gregory J. Watford, Esq., PLLC understands how criminal law works from both sides. Now, as an attorney, Mr. Watford possesses abundant experience and is ready and able to defend clients against various criminal charges, including those that involve stalking and harassment. 

The Crime of Stalking in New York

In New York, stalking is considered a grave crime characterized by a consistent pattern of behavior aimed at instilling fear or causing harm to another individual. The state's legal framework defines stalking as any repeated conduct targeted at a specific person that would reasonably lead someone to fear for their safety or the safety of others. This could encompass actions like following an individual, issuing threats, or other unwelcome activities that provoke fear or a sense of intimidation.

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Three Defense Strategies for Criminal Weapons Possession in New York

 Posted on March 27, 2024 in Criminal Defense

Bronx Weapons Crimes Defense AttorneyCriminal weapons possession charges in New York state can carry very serious consequences, including potential fines and imprisonment. When facing such charges, individuals need to explore effective defense strategies to protect their rights and look to avoid a criminal conviction. Hiring a lawyer is an essential step if you are facing charges, as understanding the available defense tactics can be instrumental in building a solid case against criminal weapons possession allegations. 

New York State Defense Strategies for Criminal Weapons Possession

  1. Unlawful search and seizure – One of the most common defense strategies for criminal weapons possession charges in New York is to challenge the legality of the search and seizure that led to the discovery of the alleged weapon. If law enforcement conducted a search warrantless or without probable cause, any evidence obtained during that search may be non-admissible. By asserting that the search violated the defendant’s Fourth Amendment rights, it may be possible to suppress the weapon-related evidence, weakening the prosecution’s case.

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Do Civil Service Employees Have Whistleblower Protections in New York?

 Posted on March 19, 2024 in Civil Service Employment and Job Defense

Manhattan Whistleblower Protections LawyerCivil service employees are a vital part of the workforce in the state of New York. They play an important role in ensuring that government operations run smoothly and effectively while also upholding the principles of transparency and accountability. However, when civil service employees witness illegal or unethical behavior by government organizations or their employees, they may be uncertain about how to proceed. 

In some cases, they may worry that they could face retaliation if they speak out and that they could potentially lose their jobs. These are valid concerns, and they highlight the importance of whistleblower protections. In cases where civil service employees face disciplinary actions or termination for blowing the whistle, they will need to understand how they can protect their rights and avoid discipline. Protecting your rights begins with hiring an experienced attorney.

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Medical Separation and Discipline for Civil Service Workers in New York

 Posted on March 05, 2024 in Civil Service Employment and Job Defense

Bronx Medical Discipline Defense AttorneyWorking as a civil service employee in New York comes with a unique set of challenges. While tenured civil service employees can receive protection against the loss of their jobs, there are some situations where employees may face termination due to medical separation or disciplinary action. These situations can create anxiety, uncertainty, and financial pressures, and it is essential for civil service employees to understand the steps they can take to protect themselves and avoid a potential loss of income. Contact a lawyer for the assistance you need today.

Medical Separation

In cases where civil service employees have disabilities or other medical conditions that prevent them from performing their duties, employers may seek to terminate their employment. A leave of absence may be required if an employee cannot fully perform the duties of their position, and if a person has been unable to work for a continuous period of 365 days, the employer may seek a termination. These cases may be handled differently depending on whether an injury or illness was work-related or whether a person has experienced an "ordinary disability." Employees who have been terminated or required to take a leave of absence may seek reinstatement within one year of medical separation.

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Types of Discipline a New York Civil Service Employee Can Face

 Posted on February 20, 2024 in Civil Service Employment and Job Defense

Bronx Investigative Interviews LawyerWorking as a civil service employee in New York is an important job that comes with great responsibility. Because of this, tenured civil service employees are afforded certain rights and protections and cannot be terminated without cause. However, there are some situations where civil service employees may face disciplinary action. An employee accused of misconduct or incompetence may face an investigation, investigative interviews, and disciplinary hearings. If an investigation determines that discipline is warranted, different forms of discipline may be appropriate depending on the situation

If you are a civil service employee facing discipline, learn more about how an attorney can help your situation

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Preparing for a Civil Service Investigative Interview

 Posted on February 01, 2024 in Civil Service Employment and Job Defense

Bronx County Employment Discipline Defense LawyerThere are a variety of situations where civil service employees in New York may become involved in disciplinary proceedings. When a person is accused of incompetence, legal or procedural violations, or other issues that may warrant discipline, they may be asked to participate in investigative interviews. An interview can be conducted internally by one’s own employer or externally by an outside agency. The purpose of these interviews is to gather information about specific events and activities related to a certain incident or complaint or a pattern of behavior. Hiring a lawyer and knowing what to expect and how to prepare can help make sure that the investigative process goes smoothly.

What is an Investigative Interview?

An investigative interview is a type of questioning used by agencies when they need more information about an incident or allegation. The goal of the investigator is to get an accurate account of the events being investigated and to find out if any other relevant facts need to be considered.

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Potential Outcomes of a New York Civil Service Disciplinary Appeal

 Posted on January 19, 2024 in Civil Service Employment and Job Defense

NYC Civil Service Employment LawyerIn New York, civil service employees have certain rights and protections that apply to them. When employees are involved in disciplinary investigations and hearings, they may face a number of penalties, including reprimands, suspension without pay, fines, demotion, or termination. However, if an employee is subject to discipline, they may be able to pursue an appeal

By understanding the steps followed during an appeal and the potential outcome of a case, an employee can make sure they follow the right procedures to protect their rights and resolve these matters while minimizing the negative effects on their life and career. Contact a lawyer in New York who understands the legality surrounding the state's Department of Civil Service and its disciplinary procedures to obtain crucial legal guidance as you navigate this situation.

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