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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.

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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.”

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