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What Are Grounds for Civil Service Disciplinary Charges in New York?

| Feb 17, 2021 | Civil Service Employees |

New York civil service job defense attorney

Civil service employees face heightened levels of scrutiny due to their roles as public servants. As such, when civil service disciplinary charges are brought against these employees who are tenured, they could deal with dire and serious consequences. Overall, civil service employee defense requires a closer look at what the employer’s case against the civil service worker might require in order to be considered sufficient and convincing.

Criteria for Civil Service Disciplinary Charges in NYC

The state of New York sets forth several guidelines as to how a tenured employee can be penalized for incompetence or misconduct. The necessary requirements that must be met to raise valid disciplinary charges against a tenured civil service employee include:

  • The employer needs to formally charge the employee by contacting him or her about the allegations. This essentially means the employer must provide a formal written notification that describes the allegations.
  • Within those allegations and their respective descriptions, there must be facts that support the charge:
    • These descriptions of allegations must include clear statements attesting to which guidelines were violated and/or what performance expectations were not met.
    • Whatever allegations are stated against the civil service employee, the employee must have been made aware of those rules in advance of the failure to abide by them. This includes not only being made aware of the rule(s) but also be enabled to properly understand them.
    • The facts must be well-documented and backed by several records to support them for use at the hearing. In other words, the employer must make his or her case and make it strong.
  • Whatever the allegation, it must be “substantial”; if not, it will be quickly dismissed. Allegations of substantial offenses should not be minor, trivial, or technical in any way. This means that there must be gross negligence committed or some other constant, persistent, and/or serious violations of the rules in that civil service role.

As you can see, there are plenty of ways for your civil service employee defense lawyer to deconstruct the disciplinary charges that might be brought against you. You just need to find the right attorney for the job.

Contact a Manhattan Civil Service Job Defense Attorney

It can be challenging when civil service disciplinary charges are brought against you, but with the right defense, an accomplished NYC civil service disciplinary charges defense lawyer can best strategize to determine what parts of the charges are unconvincing or irrelevant. That is why, with several decades of experience, JOEY JACKSON LAW, PLLC can provide you with the most robust, comprehensive, and winning defense possible. Call our office today at 833-563-9522 to schedule a confidential 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/Civil-Service-Law-Section-75-3_2020-1_up.pdf