Types of Disciplinary Charges That Can Affect Civil Service Employees

 Posted on September 14, 2022 in Civil Service Employment and Job Defense

Government 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:

• Unsatisfactory job performance - Civil service employees may face disciplinary action if they consistently fail to meet the standards set for their position or show a pattern of poor performance. Chronic lateness or absenteeism may be a factor in these cases, and a person's performance reviews, previous warnings they have received, and patterns of behavior may be considered. In some cases, mitigating circumstances may be considered as a reason for a person's performance issues, and these may include health issues or other personal problems.

• Insubordination - Employees who refuse to follow orders from a superior or who are disruptive or disrespectful in the workplace may face disciplinary action. If an employee disagrees with the directives they have received, they are generally required to comply with these directives and file complaints or grievances. However, employees may be able to refuse directives that would require them to violate the law or that would put the health or safety of themselves or others at risk.

• Inappropriate behavior - This may include activities such as fighting with others while on the job, engaging in horseplay, sleeping while at work, theft and other forms of dishonesty, or discourteousness toward the public. Mitigating circumstances may be considered when addressing these issues, such as whether a person was defending themselves or responding to actions taken by others.

• Sexual harassment - Employees who engage in inappropriate sexual behavior, whether it is directed at co-workers, supervisors, subordinates, or the public, may face disciplinary action. Harassment or other types of sexual misconduct may include inappropriate comments about a person's appearance, touching other people without their permission, requesting sexual favors in return for benefits, or treating people differently because of their sexual orientation or gender identity.

• Off-duty misconduct - In addition to inappropriate behavior committed while working, some workers may face discipline for actions that take place outside the workplace, as long as there is a direct connection between their off-duty conduct and their job performance. Actions that damage the public image of an employer or affect a person's ability to perform their job may warrant discipline.

Contact Our NYC Civil Service Employee Defense Attorney

If you are a civil service employee who has been accused of misconduct or incompetence, it is important to understand the charges against you and how you can address them. Our experienced Manhattan civil service employee discipline lawyer can help you navigate the disciplinary process and defend your rights. Call our office today at 646-580-6675 to schedule a consultation.

Sources:

https://www.nysenate.gov/legislation/laws/CVS/75

http://www.ongov.net/employment/documents/manual_of_procedures_in_disciplinary_actions_04_08.pdf

https://cseany.org/wp-content/uploads/2020/05/Disciplinary-manual-public-private-Booklet-2020-1_up.pdf