Potential Outcomes of a New York Civil Service Disciplinary Appeal

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

In 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.

Appealing Disciplinary Action

Following a determination in disciplinary proceedings, an employee may file an appeal. They must do so within 20 days after receiving notice of the determination. An appeal may be filed with the Civil Service Commission, the personnel officer who has jurisdiction over the employee, or through the courts. If the Civil Service Commission handles an appeal, it will review records related to the disciplinary investigation, transcripts from disciplinary hearings, or other related information. The employee may also provide written statements and arguments detailing why the disciplinary determination was made in error, and the employer will be able to respond to these arguments. After reviewing all relevant information, the commission will make a decision.

Steps That May Be Taken Following an Appeal

When considering an appeal, the commission may look at multiple factors, including whether the proper procedures were followed during the disciplinary process and whether the employee's rights were protected. It will look at whether the evidence provided during a disciplinary hearing supported the final determination and whether the penalties levied against an employee were unreasonably severe.

In some cases, the commission may decide to affirm the determination and let the penalties levied against the employee stand. However, if errors were made during the disciplinary process or if the disciplinary action taken against an employee was inappropriate, the determination may be reversed or modified. In some cases, the commission may require an employee to be reinstated to their former position or transferred to a similar vacant position in another department or a separate division of an agency. In these cases, an employee may be entitled to receive the wages, salary, or other forms of compensation they would have earned during the period when they were suspended without pay or removed from their position.

Reinstatement or modification of a disciplinary determination may occur when the commission annuls a finding of guilt. That is, the commission may find that the employee did not commit the alleged actions that warranted discipline. However, in some cases, the commission may partially annul a finding of guilt, such as by finding that one or more of the grounds for discipline were appropriate but others were not. In these cases, the case may be remanded to the appointing authority to determine how the penalties levied against the employee should be modified based on the appropriate grounds for discipline.

Contact Our Manhattan, NY Civil Service Employee Discipline Appeals Attorney

When civil service employees face disciplinary action, they may have the right to appeal the decision. The Civil Service Commission will review all relevant information and ultimately decide whether or not to reverse or modify a determination. If you are facing discipline from your civil service employer in New York City, a legal professional can help you determine whether you can file an appeal and the steps you can follow during the appeals process. We can advise you on whether it may be advisable to pursue an appeal through the commission or in court, and we can advocate on your behalf to ensure that you will be able to avoid or minimize penalties that could affect your career. To learn more about how we can help with your case, contact our experienced Bronx, NY civil service employee discipline lawyer at The Law Firm of Gregory J. Watford, Esq., PLLC. Call 646-580-6675 today for a private consultation.