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Preparing for a Civil Service Investigative Interview

 Posted on February 01, 2024 in Civil Service Employment and Job Defense

Bronx County Employment Discipline Defense LawyerThere are a variety of situations where civil service employees in New York may become involved in disciplinary proceedings. When a person is accused of incompetence, legal or procedural violations, or other issues that may warrant discipline, they may be asked to participate in investigative interviews. An interview can be conducted internally by one’s own employer or externally by an outside agency. The purpose of these interviews is to gather information about specific events and activities related to a certain incident or complaint or a pattern of behavior. Hiring a lawyer and knowing what to expect and how to prepare can help make sure that the investigative process goes smoothly.

What is an Investigative Interview?

An investigative interview is a type of questioning used by agencies when they need more information about an incident or allegation. The goal of the investigator is to get an accurate account of the events being investigated and to find out if any other relevant facts need to be considered.

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Potential Outcomes of a New York Civil Service Disciplinary Appeal

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

NYC Civil Service Employment LawyerIn 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.

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How Can New York Law Enforcement Officers Defend Against Disciplinary Charges?

 Posted on December 31, 2022 in Civil Service Employment and Job Defense

new york civil service employee discipline defense lawyerIn New York, certain types of civil service employees have protections that ensure that they cannot be removed from their jobs unless there is a valid reason for doing so, including misconduct or incompetence. These protections apply for employees who are "tenured" after they have worked in a qualifying position for the required number of years. Some law enforcement officers may qualify as tenured civil service employees, and in cases where officers have been accused of misconduct or may otherwise face disciplinary action, they will need to understand how they can protect their rights and avoid consequences that may affect their careers.

Disciplinary Issues for Law Enforcement Officers

Law enforcement officers may be considered tenured civil service employees if they have completed the required probationary period as specified by their employer/agency.. These officers may face discipline if they are accused of misconduct. Potential reasons for disciplinary action may include:

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Can a Temporary Disability Lead to the Loss of a Civil Service Employee’s Job?

 Posted on November 25, 2022 in Civil Service Employment and Job Defense

Manhattan civil service employee defense lawyer Civil service employees in New York have certain protections that ensure that they will be able to maintain employment. Employees who may be subject to discipline due to allegations of incompetency, violations of the law, or other reasons will need to be aware of the procedures followed in disciplinary hearings. However, employees who have experienced an injury, illness, or other issues that have led to temporary disabilities will also need to be aware of how these issues may affect their employment, and they will need to understand when they may be eligible for medical separation.

What Is Medical Separation?

Medical separation occurs when an employer seeks to terminate a person's employment because they have experienced a temporary disability that prevents them from performing the duties of their position. In these cases, disabilities may fall into one of two categories: "ordinary" disabilities and "occupational " disabilities. If a person experiences a work-related injury or illness, such as an injury that occurred in a workplace accident, any resulting disabilities will be considered occupational disabilities. If a person experiences a disability that arose from non-work-related issues, this is considered to be an ordinary disability.

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Procedures Used in Civil Service Employee Disciplinary Investigations

 Posted on October 20, 2022 in Civil Service Employment and Job Defense

new york civil service discipline lawyerIn New York, civil service employees have certain rights and protections that will allow them to continue working in their positions. However, there may be situations where civil service employees may face discipline due to allegations of misconduct, which may involve issues such as abuse of authority, corruption, dishonesty, favoritism, misuse of a person's position, and potential conflicts of interest. Employees may also face discipline due to incompetence, such as repeated errors made while working or an inability to properly perform the duties of a position.

If a supervisor or another party believes that discipline is warranted, disciplinary charges may be pursued against an employee, and a disciplinary hearing may be held to determine what forms of discipline may be appropriate. However, before a case reaches this point, investigations will usually be performed to gather evidence related to the alleged misconduct or incompetence. The purpose of these investigations is to gain sufficient information to determine whether disciplinary action should be taken. In some cases, the evidence may be clear, and the decision to discipline the employee may be straightforward. However, in other cases, the evidence may be less clear, or there may be extenuating circumstances that will affect the case. Civil service employees will need to understand the procedures that may be followed during these investigations and the steps they can take to defend themselves against potential discipline.

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Types of Disciplinary Charges That Can Affect Civil Service Employees

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

civil service employee discipline defense lawyerGovernment 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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What Rights Do Civil Service Employees Have in Investigative Interviews?

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

new york civile service employment defenseEmployees 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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Procedures Followed in Civil Service Employee Disciplinary Hearings

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

Civil Service Employee Disciplinary lawyerCivil 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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When Are Civil Service Employees Protected Against Discipline?

 Posted on June 22, 2022 in Criminal Defense

new york employee discipline defense lawyerIssues 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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Appealing Employee Disciplinary Action in the New York Supreme Court

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

New York civil service job defense attorneyIn 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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