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.

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 Posted on August 23, 2022 in Civil Service Employment and Job Defense

Employees 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.

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 Posted on July 29, 2022 in Civil Service Employment and Job Defense

Civil service employees can receive a number of benefits, and they are provided with certain rights and protections. This includes the right to a hearing if they face disciplinary action. Disciplinary charges must usually be based on allegations of misconduct or incompetence, and specific procedures will be followed in these cases. By understanding the requirements that apply in these cases and the steps they can take to defend against charges, employees can determine the best ways to avoid discipline and ensure that they can continue working in their position.

Disciplinary Procedures for Civil Service Employees

If a civil service employee is accused of violating the rules or standards that apply to their position, their employer will need to review the allegations to determine whether to pursue disciplinary action. Investigative interviews or other methods may be used to gather information about the case, and an employee has the right to be represented by an attorney during an investigation. 

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 Posted on June 22, 2022 in Criminal Defense

Issues related to employee discipline can be a significant concern for civil service employees. Fortunately, these employees have certain protections under New York’s laws. Specifically, New York Civil Service Law Section 75 details when certain employees are considered to have “tenure” that will prevent them from being fired or receiving other forms of discipline except in cases involving misconduct or incompetence. By understanding when tenure will apply, a person can determine their best options for defending against employee discipline.

Tenured Civil Service Positions in New York

Section 75 lists five categories of civil service employees who are protected from discipline:

• People with permanent appointments - These include all employees who were permanently appointed to the competitive class of classified civil service. Classified employees include most positions other than elected officers, people appointed by the Governor, members of election boards, teachers, and school employees. Most positions are considered competitive unless they are designated as non-competitive or labor class by the New York State Civil Service Commission.

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 Posted on February 26, 2021 in Civil Service Employment and Job Defense

In New York, civil service employees who are subject to disciplinary action based on the outcome of a hearing have options to appeal the action if they believe it to have been issued in error. One such option, outlined in Article 78 of the New York Civil Practice Law & Rules, is to file a proceeding against the body or officer who issued the decision. Appeals of this nature are heard in New York Supreme Court, and it is important for an employee to be represented by an experienced attorney who understands how the process works and how to achieve a successful outcome.

When Can an Appeal Be Heard in New York Supreme Court?

If you need to appeal a disciplinary action, it is important to determine the venue through which you should proceed. In some cases, it may be best to take your appeal before the New York Civil Service Commission (CSC). However, the time frame for filing an appeal with the CSC is only 20 days after the disciplinary decision is issued. If this deadline has passed, or if the CSC has declined to hear your appeal, you can instead bring your case before the Supreme Court. You have significantly more time to initiate this process: up to 120 days from the date of the disciplinary action.

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 Posted on February 11, 2021 in Civil Service Employment and Job Defense

If you are facing disciplinary action for alleged misconduct related to your civil service job, the question of your guilt and any appropriate penalties will be determined at a hearing where you and your attorney have the opportunity to present evidence in your defense. However, the outcome of this hearing does not always signify the end of the process. If you believe that the hearing or the decision was handled incorrectly or unfairly, you have the option to request an appeal.

Grounds for an Appeal

In order for an appeal to have merit, you must be able to demonstrate some manner of impropriety in the initial hearing. For example, you may make the case that the hearing did not follow the appropriate procedure under New York Civil Service Law, that the decision was issued based on insufficient or unreliable evidence, or that the penalties assessed were more severe than your actions merited. Your attorney can advise you as to whether you have a substantial case for an appeal.

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 Posted on January 26, 2021 in Criminal Defense

If you are pulled over by a law enforcement officer under suspicion of driving while intoxicated (DWI) or any other traffic violation, you are protected by certain constitutional rights. For example, you are not required to consent to a search of your vehicle if the officer does not have a warrant, and you are not required to answer an officer's questions in a way that could implicate you or be used against you in a legal proceeding. However, under New York’s implied consent law, you are required to submit to an officer’s request for you to undergo a blood alcohol concentration (BAC) test, or else face consequences related to your driver’s license.

Understanding Implied Consent in New York

In the State of New York, drivers are considered to have given “implied consent” to a chemical test in the event that they are arrested for DWI. Often, this testing consists of an initial breath test in the field, and it may be followed by an additional test of the driver’s blood, urine, or saliva once the driver is brought to a police station. Under New York law, the legal BAC limit is 0.08 in most circumstances, and a test result above this number can be used as evidence in support of a DWI conviction.

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 Posted on December 22, 2020 in Civil Service Employment and Job Defense

In 2020, social media is a regular part of life for most Americans, and some even use it to perform work-related activities. However, social media activity can also often be a source of conflict between employers and employees, and in some cases it can lead to employee discipline or even termination. If you are facing discipline from your employer due to your social media use, an employment defense attorney can help you understand your rights.

Policies and Laws Regarding Employee Social Media Use

Due to the increased prevalence of social media, many employers now have social media and electronic communication policies that address issues including social media use during work hours, content that employees may or may not share on social media, and the monitoring of work email and other activities on work-issued electronic devices. If your employer has such a policy, you may have been asked to agree to it at the time you were hired or when the policy was created. This consent is a crucial component in justifying an employer’s discipline of an employee for any social media activity that may violate the policy.

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 Posted on December 10, 2020 in Criminal Defense

In the State of New York, the illegal possession of firearms and many other types of weapons can result in serious criminal charges. If a law enforcement officer finds an illegal weapon on your person or your property, you could face fines, imprisonment, and other consequences that could affect you for the rest of your life, especially if you have a prior criminal record. A criminal defense attorney can help you fight the charges you are facing, and one possible defense depending on the circumstances is a demonstration of transitory possession of the weapon.

Criminal Weapons Offenses in New York

Some of the types of weapons that can result in criminal charges in New York if possessed illegally include:

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 Posted on November 18, 2020 in Civil Service Employment and Job Defense

As 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.

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