Types of Discipline a New York Civil Service Employee Can Face

 Posted on February 20, 2024 in Civil Service Employment and Job Defense

Working as a civil service employee in New York is an important job that comes with great responsibility. Because of this, tenured civil service employees are afforded certain rights and protections and cannot be terminated without cause. However, there are some situations where civil service employees may face disciplinary action. An employee accused of misconduct or incompetence may face an investigation, investigative interviews, and disciplinary hearings. If an investigation determines that discipline is warranted, different forms of discipline may be appropriate depending on the situation

If you are a civil service employee facing discipline, learn more about how an attorney can help your situation

Types of Discipline

• Suspension without pay - Generally speaking, a suspension without pay can only be imposed if there is evidence that the employee violated a policy or procedure, was insubordinate, displayed an inability to perform their duties adequately, or acted in any way that compromised public safety or the integrity of their position. Suspensions without pay could last from a few days up to two months, depending on the severity of the transgression. If a person was suspended during an investigation and they were found guilty of an infraction, they will not be entitled to back pay during that period of suspension.

• Reprimand or warning - A reprimand is less severe than a suspension, but it still carries weight and should not be taken lightly. A supervisor may issue a reprimand or warning if they find that an employee has committed minor infractions such as negligence, tardiness, failure to follow instructions properly, or minor violations of state laws and regulations. Reprimands will typically remain on an employee's record for at least one year and may influence future promotions and salary increases.

• Fines - An employee may be fined up to $100. Fines may be appropriate if the employee has been found guilty of a minor infraction, such as not submitting paperwork on time or failing to comply with state regulations. The fine will be deducted from the employee's salary.

• Demotion - If necessary, an employee may be demoted in grade and title. Demotions may be used when an employee has been found guilty of misconduct or incompetence and cannot perform the duties of their current position adequately. A demotion will typically result in a salary reduction.

• Termination - The most severe form of discipline involves an outright dismissal from employment without any severance pay or other benefits. An employee can generally only be terminated if they have committed a serious violation or have failed to properly respond to multiple warnings and/or suspensions over time.

Other Penalties

Employers or supervisors may use other forms of discipline, although these must generally be agreed to by an employee in a settlement. For example, rather than imposing disciplinary action against an employee, supervisors may opt to provide counseling or training sessions instead. These sessions are designed to help employees better understand their responsibilities and how they relate to the policies and procedures laid out by the state government. Counseling/training sessions may be used if it has been determined that an employee's violations occurred due to a lack of knowledge rather than intentional misconduct.

Contact Our New York, NY Civil Service Employee Discipline Defense Attorney

It is important for all civil service employees in New York to understand what types of disciplinary actions they may face if they are investigated for misconduct or incompetence. Employees have the right to be represented by an attorney during investigations and disciplinary hearings. At The Law Firm of Gregory J. Watford, Esq., PLLC, we work to protect the rights of employees and help them resolve disciplinary issues while avoiding consequences that may affect their incomes and careers. Contact our New York City, NY civil service employee defense lawyer at 646-580-6675 to get legal help with your case.