call us646-580-6675

Manhattan Office  |  Westchester Office

new york civil service employee discipline defense lawyerIn New York, certain types of civil service employees have protections that ensure that they cannot be removed from their jobs unless there is a valid reason for doing so, including misconduct or incompetence. These protections apply for employees who are "tenured" after they have worked in a qualifying position for the required number of years. Some law enforcement officers may qualify as tenured civil service employees, and in cases where officers have been accused of misconduct or may otherwise face disciplinary action, they will need to understand how they can protect their rights and avoid consequences that may affect their careers.

Disciplinary Issues for Law Enforcement Officers

Law enforcement officers may be considered tenured civil service employees if they have completed the required probationary period as specified by their employer/agency.. These officers may face discipline if they are accused of misconduct. Potential reasons for disciplinary action may include:

  • Criminal conduct - This may include any conduct that is prohibited by state or federal laws. Felony convictions of tenured Civil Servants will result in automatic termination by operation of law without a due process hearing. Convictions for certain types of misdemeanors, including theft, assault, or other offenses that would be considered a violation of an officer's Oath of Office or an offense of moral turpitude, may also result in termination. Other minor misdemeanors may result in a period of suspension without pay.

    ...

    Continue Reading...

Manhattan civil service employee defense lawyer Civil service employees in New York have certain protections that ensure that they will be able to maintain employment. Employees who may be subject to discipline due to allegations of incompetency, violations of the law, or other reasons will need to be aware of the procedures followed in disciplinary hearings. However, employees who have experienced an injury, illness, or other issues that have led to temporary disabilities will also need to be aware of how these issues may affect their employment, and they will need to understand when they may be eligible for medical separation.

What Is Medical Separation?

Medical separation occurs when an employer seeks to terminate a person's employment because they have experienced a temporary disability that prevents them from performing the duties of their position. In these cases, disabilities may fall into one of two categories: "ordinary" disabilities and "occupational " disabilities. If a person experiences a work-related injury or illness, such as an injury that occurred in a workplace accident, any resulting disabilities will be considered occupational disabilities. If a person experiences a disability that arose from non-work-related issues, this is considered to be an ordinary disability.

Employees who experience temporary occupational disabilities will generally be entitled to a leave of absence of one year under Section 71 of the Civil Service Law. However, if a temporary occupational disability was caused by an assault that occurred in the course of a person's employment, under Section 71, the employee will be entitled to a two-year leave of absence. Additionally, because a person who experiences a work-related injury will qualify for workers' compensation benefits, they will usually be able to receive a percentage of their average wages while they are on leave.

...

Continue Reading...

new york civil service discipline lawyerIn New York, civil service employees have certain rights and protections that will allow them to continue working in their positions. However, there may be situations where civil service employees may face discipline due to allegations of misconduct, which may involve issues such as abuse of authority, corruption, dishonesty, favoritism, misuse of a person's position, and potential conflicts of interest. Employees may also face discipline due to incompetence, such as repeated errors made while working or an inability to properly perform the duties of a position.

If a supervisor or another party believes that discipline is warranted, disciplinary charges may be pursued against an employee, and a disciplinary hearing may be held to determine what forms of discipline may be appropriate. However, before a case reaches this point, investigations will usually be performed to gather evidence related to the alleged misconduct or incompetence. The purpose of these investigations is to gain sufficient information to determine whether disciplinary action should be taken. In some cases, the evidence may be clear, and the decision to discipline the employee may be straightforward. However, in other cases, the evidence may be less clear, or there may be extenuating circumstances that will affect the case. Civil service employees will need to understand the procedures that may be followed during these investigations and the steps they can take to defend themselves against potential discipline.

Actions Taken Prior to Initiating Disciplinary Proceedings

Civil service employees are entitled to due process during a disciplinary investigation. Employers are required to follow the correct procedures to ensure that employees fully understand the rules and policies that apply to them and the forms of discipline they can expect if they commit violations. An employer will need to provide evidence showing that an employee engaged in misconduct or is incompetent. During an investigation, multiple types of records may be gathered, including personnel records, reports related to employee reviews or reprimands, and email communications with an employee.

...

Continue Reading...

civil service employee discipline defense lawyerGovernment workers or others who are considered to be civil service employees in New York have a number of rights and protections. These include the right to a hearing to address any disciplinary charges that could affect a person's job. Civil service employees who may be subject to disciplinary action will need to be sure to understand the charges that have been levied against them, how they can address these accusations, and the steps they can take to prevent the loss of their job or other forms of discipline.

Grounds for Disciplinary Action for Civil Service Employees

There are many different types of disciplinary charges that can be filed against civil service employees. Generally, these charges will fall into two categories: incompetence and misconduct. Incompetence may include any actions that affect a person's ability to carry out their job-related duties correctly. In contrast, misconduct may include criminal activity or other actions that are inappropriate or that violate the rules, regulations, or policies that apply to a position.

Some of the most common grounds for civil service employee discipline include:

...

Continue Reading...

new york civile service employment defenseEmployees who work in the public sector in New York have certain rights and protections, and they may need to determine how to respond in situations where they could potentially face disciplinary action. When a civil service employee is suspected of engaging in misconduct or other behavior that may warrant discipline, their employer or other parties may perform an investigation to gather information about the person’s alleged actions. Investigative interviews are an important part of disciplinary proceedings, and employees will need to understand the right ways to approach these situations.

Interviews Vs. Interrogations

An employee who is asked to submit to questioning by an employer or investigator will first need to understand the nature of these questions. In some cases, investigators may be seeking information about reports of misconduct prior to taking steps to determine whether discipline is warranted. Interviews may involve the questioning of people who may have relevant information about a certain incident or course of behavior or conversations seeking to gain facts. Interrogations, on the other hand, involve a person who is suspected of misconduct or wrongdoing being questioned. In an interrogation, the person being asked questions is likely to be the target of potential disciplinary action.

Employee Rights in Interrogations

Civil service employees who are covered by Section §75 of New York’s Civil Service Law have certain rights in interrogations. If it appears that an employee may potentially face disciplinary action, the employee has the right to be represented by a union representative. The employee must be notified of their right to representation in advance of questioning, and if they request representation, they must be provided with a reasonable amount of time to obtain the necessary representation. In addition to a union representative, an employee may also be represented by an attorney.

...

Continue Reading...

Back to Top