call us646-580-6675

Manhattan Office  |  Westchester Office

New York City employment defense lawyerIn 2020, social media is a regular part of life for most Americans, and some even use it to perform work-related activities. However, social media activity can also often be a source of conflict between employers and employees, and in some cases it can lead to employee discipline or even termination. If you are facing discipline from your employer due to your social media use, an employment defense attorney can help you understand your rights.

Policies and Laws Regarding Employee Social Media Use

Due to the increased prevalence of social media, many employers now have social media and electronic communication policies that address issues including social media use during work hours, content that employees may or may not share on social media, and the monitoring of work email and other activities on work-issued electronic devices. If your employer has such a policy, you may have been asked to agree to it at the time you were hired or when the policy was created. This consent is a crucial component in justifying an employer’s discipline of an employee for any social media activity that may violate the policy.

However, there are some situations in which the legality of disciplining an employee for social media use may be called into question. For example, federal laws like the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) provide protections from the interception of or access to electronic communications without the sender’s consent, such as in cases in which access was acquired surreptitiously or through the use of force. The National Labor Relations Act (NLRA) also protects employees from discrimination for using social media for the purposes of collective bargaining, and appeals court rulings have held that employee communication with legal counsel may also be protected from employer surveillance.

...

New York civil service employee defense lawyerAs a civil service or public sector employee, your job security may be under serious threat if you are the subject of an employer investigation related to possible disciplinary action. If you are not careful, the way that you respond to an investigation can negatively affect your ability to contest disciplinary charges that your employer issues, and it may even put you at risk of a criminal conviction. It is important to know that you have rights when you are under investigation, and a civil service defense attorney can help you protect them.

Garrity and Weingarten Rights

The rights of public sector employees when under investigation have been secured in large part by two cases argued before the United States Supreme Court. One case, Garrity v. New Jersey, confirmed that public employees are protected from forced self-incrimination. This means that if an employee is under investigation for a potential work violation that could also be considered a criminal offense, the employer cannot threaten the employee with disciplinary action or termination to compel the employee to respond in a way that could be used against him or her in criminal proceedings. As an employee, it is important for you to assert your Garrity rights verbally when under questioning to ensure that your responses can only be used in disciplinary proceedings regarding your employment.

Another case, NLRB v. Weingarten, Inc., confirmed that civil service employees have the right to representation during an investigative interview, when asked for a written statement as part of a disciplinary investigation, or in any situation in which the employee believes that responding to the employer’s questions could have disciplinary implications. This means that you can request the presence of a union representative before answering any questions, and you can also consult privately with that representative before continuing the conversation with your employer.

...

New York City employee defense attorneyAccording to the New York Human Rights Law, an employee cannot be discriminated against for a physical or mental disability, and employers have a duty to provide reasonable accommodations to employees with disabilities whenever possible. That said, what is considered a reasonable accommodation can vary depending on the situation. If you believe you are entitled to an accommodation that your employer is not providing, or if you are facing a medical separation because of a disability, an employment attorney can help you understand your rights and take legal action to secure them.

Who Can Request Reasonable Accommodations in New York?

As long as you are qualified for the position you hold or hope to obtain, and you are capable of performing the essential job responsibilities, you have the right to request reasonable accommodations for a disability so that you can complete your work tasks.

In this context, New York law defines a disability as any physical, mental, or medical impairment that affects bodily functions or can be demonstrated by accepted medical techniques. This can include both temporary and permanent conditions, and it may include alcohol or drug addiction if you are in recovery and not currently using illegal drugs. Since 2016, pregnancy-related conditions can also be a justification for reasonable accommodations.

...

Bronx County civic service job defense attorney

The New York Civil Service offers its employees plenty of benefits. However, that does not mean that the Civil Service code is without its restrictions. New York Civil Service law penalizes employees for striking. If you are subject to penalties or disciplinary proceedings as a civil service employee in New York, it is imperative that you seek the advice of an experienced civil service job defense attorney in your area.

The Taylor Law

New York Civil Service Law dictates the treatment of strikes as follows: “Strikes by public employees against the State or any public authority or local governmental jurisdiction, including a school district, are prohibited by Article 14 of the Civil Service Law, also known as the Taylor Law.”

...

New York City civil service job defense attorney

New York Civil Service laws give those in public positions additional job securities that workers in the private sector do not have. Still, it is essential to understand those limits to understand your rights as a public employee. Knowing how the Civil Service Laws can protect you in the event of a severe physical or mental injury can help you retain your job while you take the time that you need to recover. If you ever run into legal trouble regarding your public position, save yourself the stress by working with an experienced civil service job defense lawyer who will help protect your best interests.

New York Civil Service Law and Medical Separation

Medical Separation/Termination for medical reasons is different from being fired for misconduct. If an employee cannot perform his or her full duties for a year or more because of a temporary disability that occurred on or off the job, the employer can remove the employee or medically separate the employee from his or her position. Sections 71, 72, and 73 of the New York Civil Service Law explain when and how a civil service employee may be medically separated.

...
Back to Top