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New York State Civil Employee Discipline Defense Attorney
In New York, tenured civil service employees are afforded certain legal protections. Before employers can discipline New York (NY) civil service employees, they must provide a notice of disciplinary charges. Tenured civil service employees are also entitled to a due process hearing before disciplinary actions are taken.
If you’re a New York civil service employee, and your employer begins disciplinary action against you, it’s important to know your rights and consult with an NYS civil service employee discipline defense lawyer. While a union representative can help, only a lawyer experienced in New York employment law can help ensure you’re legal rights are protected and improve your chance of beating the disciplinary charges against you.
At Bailey, Johnson & Peck, P.C., our Albany employment lawyers have extensive knowledge of the laws governing civil service employment and the union rules that apply to each specific labor class, such as New York firefighters and police officers.
If you’re facing disciplinary action, contact our New York civil service employee disciplinary action defense lawyers in Albany, New York. Call 518-456-0082 or fill out our online form for a free consultation.
Disciplinary Charges in New York
New York Civil Service Law §75 governs Civil Service Employment removal and disciplinary proceedings. In general, disciplinary charges are related to incompetence or misconduct allegations involving the employees job performance. However, off-duty arrests and/or conduct may lead to disciplinary action if it reflects negatively on the fitness/moral character of the employee and/or the employer.
New York Civil Service Law §75 states that a permanent civil service employee must be served with a notification of any charges of incompetence or misconduct that are filed against the employee by their employer. The notification must include the charges regarding the alleged behavior, as well as allegations of fact to support the charges. Pending the hearing and determination of charges of incompetency or misconduct, the employee may be suspended without pay for up to thirty days.
How an Albany Civil Service Employee Defense Lawyer Can Help
If you’re a New York civil service employee facing discipline, learn about how our Albany civil service employee discipline defense attorney team can help.
Legal Representation During Investigative Interviews
A NY civil service employee can be summoned and questioned at any time about misconduct or incompetence related to themselves or their coworkers. If you believe your coworker may be the target of an investigation or if you believe you’re an employee facing discipline, learn about your legal protections.
You could potentially go from a potential witness to the target of the investigation in one interview without legal representation. If an investigation determines that discipline is merited, you’re now facing one of many disciplinary actions (or, in extreme cases, criminal charges).
If you’re a civil service employee facing an investigative interview, you have the legal right to a union representative or attorney. Albany investigative interviews lawyers can provide legal advice and protect your legal rights during the interview.
Disciplinary Charges and Due Process Hearing
Facing disciplinary charges as a civil service employee in New York can be daunting, but having a dedicated attorney by your side makes a significant difference. Albany civil service employee disciplinary defense attorneys are well-versed in the complexities of due process hearings, ensuring that your rights are protected throughout the entire procedure. These lawyers provide strategic guidance, help gather and present evidence, and advocate on your behalf to achieve the best possible outcome.
Whether you’re an employee accused of misconduct or other disciplinary actions, their expertise is crucial in navigating the intricacies of civil service regulations and defending your career.
Disciplinary Appeals
After the investigation determines that discipline is merited, disciplinary charges and a proceeding with a hearing officer–possibly without a lawyer or representative, if you disagree with the final determination and believe you were wrongfully found guilty of misconduct or incompetence or if you believe that the disciplinary penalties were unduly harsh, you can file for a disciplinary appeal.
Our Albany disciplinary appeals lawyer group can help you file an appeal and build a strong case for your defense. Our NY civil service defense lawyers will meticulously go over your case and determine the best strategy for your specific case.
Medical Separation Defense
An employer can terminate a person in a tenured civil service position in New York due to a mental or physical disability through a process called medical separation. While a medical separation is favorable because of the potential ability to return upon recovery, many tenured employees cannot afford to lose their jobs, especially those with new or newly diagnosed conditions.
Tenured civil service employees in New York have the right to protest medical separation.
Our Albany civil service employment lawyers can help you build a strong case for medical separation proceedings. Our lawyers will evaluate your case’s specific details, provide you with legal advice, and protect your legal rights.
Types of Discipline a New York Civil Service Employee Can Face
Reprimand or Warning
An employer may impose a reprimand or warning if they find sufficient evidence that an employee has committed minor work infractions. This typically includes tardiness, negligence, not following instructions properly, or minor violations of New York laws or regulations. These reprimands will typically remain on the employee’s employment record for at least a year and may influence future promotions and salary raises.
Suspension Without Pay
Generally speaking, a suspension without pay for civil services employees in New York can only be imposed if there is sufficient evidence that the employee violated a procedure, was insubordinate, displayed actions that compromised public safety, showed an inability to perform their duties adequately or acted in a way that compromised the integrity of their specific position.
Suspensions without pay could last up to two months, depending on the disciplinary charges’ severity. Once the employee has been found guilty, if they were previously suspended without pay, they are typically not entitled to back pay during their suspension period under New York civil service law.
Fines
NY civil service employees may face disciplinary action in the form of fines up to $100. If the employee has committed minor infractions and is found guilty, the fine is deducted from their salary.
Demotion
An employee accused of misconduct or incompetence is also at risk for disciplinary actions involving demotion. Demotions can only be used when employees are found guilty of misconduct or incompetence and cannot perform duties adequately. These demotions typically result in decreased opportunities for future promotions and salary increases.
Termination
The worst disciplinary penalty involves the termination of employment without severance pay or benefits. Civil service employees may only face termination if they’ve committed and been found guilty of a serious violation and failed to change after multiple documented warnings or suspension without pay, generally.
Other Types of Discipline a New York Civil Service Employee Can Face
NY civil service employees may face other types of discipline. However, civil service employees facing these disciplinary actions must agree to the terms of the settlement.
Rights of Tenured Civil Service Employees in New York
According to New York Civil Service Law, Under Sections 75, 75-b, and 76, tenured civil service workers have the following legal rights in disciplinary proceedings. For union members, our New York civil service employee discipline defense attorney team can work with your union representative if you choose to follow union procedures instead.
Right to Timely Disciplinary Proceeding
A public employer may not initiate a disciplinary proceeding more than 18 months after the alleged misconduct or incompetence occurs. The ‘statute of limitations’ for disciplinary proceedings is 1 year for confidential or managerial employees. If disciplinary charges constitute a crime, this does not apply.
Right to Whistle-Blower Protection
A public employer in New York may not pursue disciplinary action against civil service employees who inform authorities about employer violations that present substantial and specific dangers to public safety. They also cannot take disciplinary action against employees who report unlawful acts by their employers.
Right to an Investigative Interviews Lawyer or Union Representative
A New York civil service worker has the right to have a representative from their union present during any interview or questioning related to potential disciplinary charges or potential disciplinary action against the employee. Civil service employees in New York who are designated as managerial or confidential have the right to representation by a lawyer experienced in investigative interviews.
Right to Know Disciplinary Charges in Advance
New York civil service employees are afforded the right to written notice of disciplinary charges and proposed disciplinary action before an employer pursues disciplinary action. This notice must also include the time and place of the process hearing.
Employees have 8 days to provide a written answer to the disciplinary charges, but they can request an extension under certain circumstances. The accused employee is not required to provide a written answer to the disciplinary charges and will not receive a penalty for choosing not to do so.
Rights Pending a Hearing
After a NY civil service employee is notified of disciplinary charges and is waiting for the outcome of the hearing, the employer can impose a suspension without pay for up to 30 days. If the employee has been found not guilty of all disciplinary charges, the employee has the legal right to back pay for that suspension period, minus any unemployment benefits they received.
Right to a Hearing
Tenured civil service employees cannot be dismissed or penalized unless the employee has been found guilty of misconduct or incompetence in a due process hearing. Civil service employees in New York do not need to request this hearing. Employers are responsible for scheduling the hearings and bear the burden of proving misconduct or incompetence.
The employee accused of misconduct has the right to be represented by their union representative or lawyer (for confidential or managerial employees). The employee also has the right to testify and/or summon witnesses to testify.
A hearing officer makes records of the hearing and issues a recommendation on the disciplinary charges. This decision isn’t the final determination. The employer then reviews the recommendation provided by the hearing officer and makes the final determination on the charges and ultimately the disciplinary penalty.
Potential disciplinary penalties are defined by New York statutes and generally include a fine, demotion, suspension without pay, dismissal, or an official letter of reprimand or warning.
Right to the Option to Negotiate a Settlement Without a Hearing
New York civil service employees are afforded the right to enter a settlement agreement, along with their employers, to resolve disciplinary issues. This allows for situations where civil service employees and employers can agree on creative solutions that wouldn’t otherwise be possible with a proceeding with a hearing officer.
Right to Appeal
Permanent or tenured civil service workers may challenge any disciplinary penalty rendered by the Administrative Law Judge. Disciplinary actions can be appealed to the Civil Service Commission (CSC) and Article 78 proceedings before a Supreme Court judge.
New York State Employee Disciplinary Action Defense Lawyer in Albany
Facing disciplinary action as a New York civil service employee is a serious matter that requires experienced legal representation. At Bailey, Johnson & Peck, P.C., our Albany attorneys are committed to defending your rights and ensuring that due process is followed every step of the way. From initial investigations to disciplinary hearings and appeals, our knowledgeable team is here to support you. Don’t navigate this challenging process alone—contact us today at 518-456-0082 or fill out our online form for a free consultation. Let us help you protect your career and secure the best possible outcome for your case.
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