Joey Jackson Law, PLLCJoey Jackson Law, PLLC2024-03-13T06:44:22Zhttps://www.joeyjacksonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302080/2021/03/cropped-fav-icon-32x32.pngOn Behalf of JOEY JACKSON LAW, PLLC.https://www.joeyjacksonlaw.com/?p=464392021-03-31T19:44:58Z2021-03-17T04:00:00Z
Although it is voluntary, approximately 17 percent of all nurses in the United States belong to a union. However, that number is expected to increase vastly over the upcoming months and years due to reactions to the COVID-19 pandemic and the current political climate. Many nurses believe management’s responses to the pandemic to not only be slow but also uncaring, unaccountable, and ineffective. As such, nurse labor unions, using labor law, have figured out ways to improve the employment situations for nurses. In New York alone, several nursing strikes across NYC and the state of New York itself have made their desires and demands known publicly, backed by a variety of labor unions. Many strikes took place toward the end of last year, including some in Montefiore New Rochelle Hospital, the site of the first COVID-19 outbreak in New York City, as well as Albany Medical Center and its related facilities. Here is an overview of their concerns in case you too face these issues at your hospital or medical facility.
Why Nurses Have Held Strikes During the Pandemic
As you may already know, several nurses at a variety of locations across New York have been going on strike at one time or another over the last few years, and while many expected there to be a significant pause in strike activity during the pandemic, the truth is that after an exhaustive first year of the pandemic, many nurses realize now how unsustainable their situations are and have enlisted the assistance of labor law and labor unions to help them overcome all the ways their employers seem to have failed them. In fact, per the New York Times, “nurses and other health workers remain in a precarious frontline against the coronavirus and have turned again and again to unions for help.” For example, nurses have dealt with, and might even currently be dealing with, the following problems:
Lack of Staffing—The same was true in 2019: Many hospitals and other medical facilities are understaffed. The current pandemic has only exacerbated the situation, as many nurses might have to stay home due to COVID-19 protocols. Now being understaffed is not just an irritant; it can be a matter of life or death. This fatal understaffing is particularly problematic and vexing because many of these hospitals and medical facilities have received extra funds from local, state, and federal governments to cover necessary spending that helps with the pandemic.
Difficulties with COVID-19 Testing—Especially early in the pandemic, some facilities in New York failed to set up the appropriate COVID-19 testing protocols, causing some nurses to work when they were sick or even being encouraged to do so. In addition, limited testing was available at many sites, further hindering proper safety protocols and leading to an unhealthy work environment.
Insufficient Time-Away-from-Work Policies—Again, this was a concern before the COVID-19 pandemic, but now it is even more serious since exhausted nurses had been at risk of catching the virus without much rest due to unfair PTO policies before the vaccines were released.
Inadequate Safety Supplies—Especially at the beginning of the pandemic, there were not enough masks, sanitizers, face shields, and other vital safety equipment and supplies to protect the health and safety of the nurses and other healthcare professionals.
Too Many Patient Assignments—Many nurses are assigned too many patients to properly provide adequate care.
Contact a New York City Labor Law Attorney
If you are a nurse or other medical professional and you suspect that your hospital or healthcare facility might be acting on policies that violate your rights as a worker, it is imperative that you seek professional legal counsel. Contact a labor union and a proficient NYC labor union defense lawyer for answers and the support you need regarding your case. Call JOEY JACKSON LAW, PLLC today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to learn more about the legal protection of your rights as a healthcare worker during the pandemic.
Sources:
https://www.nytimes.com/2021/01/28/health/covid-health-workers-unions.html
https://labornotes.org/blogs/2020/12/nurses-over-billboards-two-day-strike-hits-site-new-yorks-first-covid-outbreak
https://www.politico.com/states/new-york/albany/story/2020/11/30/new-yorks-largest-nurses-union-rolls-the-dice-on-albany-strike-1338711]]>On Behalf of JOEY JACKSON LAW, PLLC.https://www.joeyjacksonlaw.com/?p=464562021-03-31T19:45:26Z2021-03-10T05:00:00Z
If you have ever wondered how labor lawyers and labor unions could possibly help you at your workplace, just think about how proactive they are within the corrections officers’ community in New York City. Major corrections labor unions, such as the Correction Officers' Benevolent Association (COBA), the Correction Captains’ Association, and the Assistant Deputy Wardens/Deputy Wardens Association, have been taking major actions on behalf of their members for many years now and with much success. Over the last year alone, with the chaotic environment of COVID-19 hitting correctional facilities hard, it is no wonder that unions and their lawyers are highly engaged. Here are some highlights of what labor law and labor unions can achieve together, as evidenced by the corrections unions in New York City.
Corrections Labor Year in Review: COVID Anniversary Edition
From March of last year when the COVID-19 pandemic first made a major impact across the country to its anniversary this year, the corrections labor unions and their lawyers have been helping their members by attempting to keep their workplaces safe and healthy in the following ways:
Securing Protective Equipment—Early on during the pandemic, COBA sued to get proper protective equipment (PPE) for its members, including masks.
Ensuring Sanitized Facilities—In that same lawsuit, COBA was able to make sure that all corrections facilities would be properly sanitized due to COVID.
Requiring Temperature Checks—In addition, that lawsuit brought about the requirement for regular temperature checks to make sure no one with COVID-19 was working at the facilities.
Helping to Raise Awareness for Unfair “Chronic Absence” Designations—Unfortunately, as the prisons attempted to normalize the requisite temperature checks, it led to a policy of improper “chronic absence” designations, causing corrections officers sent home for positive COVID-19 tests to have their jobs put in jeopardy through no fault of their own. With the unions and their lawyers’ help, a bill against this unfair treatment saw the light of day in the government.
Fighting Against Triple Shifts—The three major corrections unions and their lawyers sued last April for their members having to work triple shifts. While working 24 hours straight is bad enough, doing so during a pandemic is far worse since it:
Weakens their immune systems due to lack of sleep and lack of proper nutrition with no meal breaks, making them more vulnerable to viruses like COVID-19.
Puts their safety and the safety of those with whom they work in danger because they are fatigued and not 100 percent in terms of proper functioning, making mistakes that could be fatal during a pandemic.
Contact a Brooklyn Labor Law Attorney
A good model for the strength, power, and influence of a labor union would be NYC’s corrections unions, such as COBA, that work with highly skilled New York labor union defense lawyers like those at JOEY JACKSON LAW, PLLC. Contact JOEY JACKSON LAW, PLLC, today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to see how he and his experienced team can help you or your union improve your working situation. With 40 years of experience, you know you can trust Joey Jackson and his team to help you through these challenging times for essential union workers.
Sources:
https://www.cobanyc.org/news
https://www.politico.com/states/new-york/albany/story/2020/04/23/corrections-unions-sue-city-for-long-shifts-lack-of-covid-19-testing-1279365
https://www.nydailynews.com/coronavirus/ny-coronavirus-bill-prevent-government-employers-disciplining-workers-20201102-jrdglutgajej5g3ulowggfzfhq-story.html]]>On Behalf of JOEY JACKSON LAW, PLLChttps://www.joeyjacksonlaw.com/?p=464622021-03-18T15:27:42Z2021-03-03T05:00:00Z
You might be thinking that as long as you are in a labor union, there would be no reason for a lawyer to get involved. However, the reality of life in a labor union at your job is that there are plenty of ways that a lawyer can help you and/or your labor union by protecting your rights as workers or providing you adequate civil service employee defense, for instance.
3 Ways That a Labor Union Lawyer Helps You and Your Union
The following is a closer look at a few of the ways a New York labor union lawyer can help you through some of the more complicated situations you might face while at work:
Fair Disciplinary Process—When facing civil service disciplinary charges, you will want to immediately reach out to your labor union representative, if you have not already been assigned one, to provide guidance and appropriate representation during the investigative interview and other steps in the process. In addition, either you or your union representative should strongly consider retaining a lawyer, either in as small of a capacity as a consultant or as a more involved representative during the proceedings. With the help of a lawyer, both your union and your employer can be mediated properly to ensure the fairest disciplinary process.
Protection of Your Right to Organize—Per the New York City Workers’ Bill of Rights, every worker, regardless of industry or company, has the right to organize and be represented by a union. This means that an employer cannot threaten, discriminate, or take any other actions against you for organizing or discussing work conditions with your fellow coworkers. In addition, even if the company you work for is private, you still have the right to be represented in a union per the National Labor Relations Act (NLRA). A lawyer can help protect this right and other related rights through proper litigation and mediation.
Protection of Other New York-Specific Rights as a Worker—To supplement the NLRA, New York has its own similar law: the New York State Employment Relations Act. This law enables employees to seize the right to organize, bargain collectively, and strike while prohibiting more specific unfair labor practices potentially committed by employers. New York public policy, in general, is meant to protect and encourage collective bargaining, freedom of association, self-organization, and designation of representatives via a union, for instance. New York State requires prevention and prompt settlement of all labor disputes as it is in the best interest of the people in the state. With a comprehensive understanding of both the NLRA and the New York State Employment Relations Act, a labor union lawyer can protect these rights and ensure appropriate treatment of you if you are currently in a union or plan on being in one in the future.
Contact a Manhattan Civil Service Defense Lawyer
While being in a labor union is a great way to protect and defend your rights as a worker, having the added protection of a labor union lawyer can give you access to more legal knowledge and clout so that you are fully prepared for dealing with disciplinary charges or violations of your rights as a worker. As such, contact an experienced Brooklyn labor union defense attorney who can provide substantial and effective representation for you or your union. JOEY JACKSON LAW, PLLC, has 40 years of experience with these types of cases. Call our talented team today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to start building a strong defense.
Sources:
https://www1.nyc.gov/assets/dca/downloads/pdf/workers/Workers-Bill-of-Rights.pdf
https://www.blr.com/HR-Employment/Unions/Unions-in-New-York
https://www.ocb-nyc.org/general-info/city-employees/]]>On Behalf of JOEY JACKSON LAW, PLLC.https://www.joeyjacksonlaw.com/?p=464642021-03-31T19:14:21Z2021-02-24T05:00:00Z
You might have heard in the news recently that some people are either getting fired because they refuse to take the COVID-19 vaccine or being threatened that they will lose their jobs if they do not get vaccinated for the virus. However, that is mostly related to work in public places, such as restaurants. Concerning schools, on the other hand, the latest reports from both the Centers for Disease Control and Prevention (CDC) and the White House suggest that while schools are encouraged to open for in-person learning, it is not yet required by law, which begs the question: What happens if your school threatens to fire you if you do not get vaccinated? That is when the right labor union and lawyer can help you build a strong civil service employee defense if necessary. Here is a closer look at the three main steps you can take to protect yourself with the help of your teachers’ union representative and your lawyer.
Steps to Take if Your School Threatens to Fire You for Not Taking the COVID-19 Vaccine
Much of the news across the nation concerning teachers’ unions and the vaccine is that many teachers do not want to return to in-person learning without getting vaccinated first. This push has led many states, including New York, to reprioritize teachers in the list of eligible people who can now get the vaccine. However, some of the largest teachers’ unions in the nation do not take issue with the CDC’s stance on this. Many agree that, with the proper safety precautions done correctly and comprehensively, teachers can and should return to class across the nation. Despite these facts, you are going to want to prepare yourself for a possible battle if your particular school threatens your job for not taking the vaccine. Here are three steps to take to protect your career:
Assess the situation. You need to understand what the rule is about this in your school and your school district. If that rule is not explicitly communicated, then you might have a stronger case. In addition, you might want to consider other possible protections you can claim:
Medical Conditions—If you know for a fact that you have a medical condition that would be complicated by any vaccine, and the COVID-19 vaccine, in particular, that could put your health or life in danger, meaning it might be safest for you to not get the vaccine.
Religious Beliefs—While more difficult to prove than medical conditions, religious beliefs can be used in much the same way. If you hold a specific belief or other life philosophy protected under federal law that prohibits you from getting vaccines, then you might be able to keep your job without getting vaccinated.
Contact your teachers’ union representative. As mentioned earlier, while many teachers’ unions want their teachers to be vaccinated before heading to the classroom, many others find it acceptable for their members to head back to class without being vaccinated provided the school is prepared with proper safety measures. In that sense, your teachers’ union rep could be your greatest ally in such a situation.
Seek professional legal counsel. An attorney who understands labor unions and civil service defense would be ideal for this type of case. Of course, you would not necessarily need to bring them on board until you actually find yourself out of work or facing other consequences similar to civil service disciplinary charges, but it might be worth it to contact them to learn more about these types of cases in an initial consultation.
Contact an NYC Labor Union Attorney
The COVID-19 pandemic has raised all kinds of interesting and difficult questions for both the general public and lawyers alike. Teachers and vaccinations are only one of these concerns. If you are facing losing your job as a teacher, contact your teachers’ union rep and reach out to a knowledgeable and skilled New York civil service job defense lawyer who can provide you with the best guidance for your situation. Call JOEY JACKSON LAW, PLLC today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] for high-quality and comprehensive employment defense strategies.
Sources:
https://www1.nyc.gov/site/coronavirus/vaccines/covid-19-vaccines.page
https://www.governor.ny.gov/news/governor-cuomo-announces-additional-new-yorkers-individuals-75-and-older-can-begin-scheduling
https://www.nytimes.com/live/2021/01/26/world/covid-19-coronavirus
https://www.pbs.org/newshour/education/school-reopening-debate-tests-bidens-ties-with-teachers-unions
]]>On Behalf of JOEY JACKSON LAW, PLLChttps://www.joeyjacksonlaw.com/?p=464672021-03-18T15:27:49Z2021-02-17T05:00:00Z
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 [nap_phone id="LOCAL-REGULAR-NUMBER-1"] 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]]>On Behalf of JOEY JACKSON LAW, PLLC.https://www.joeyjacksonlaw.com/?p=489822023-12-13T11:14:49Z2021-02-15T17:50:50Zsexual harassment in the workplace has been in the news a lot over the last several years, and especially a lot lately here in New York, harassment in general is a serious offense as well. Harassment is also quite insidious, and you might not even realize you are committing a type of harassment crime when it first happens. Before long, you might be arrested and charged with harassment without even knowing that you had done something seriously wrong. In that sense, it is important to know the definition of harassment in New York and its consequences.
Harassment: Defined
Harassment itself is defined as illegal acts committed by a perpetrator who has the intent to harass, annoy, or alarm another person. In general, simply being rude or obnoxious is not harassment. There are four levels of harassment:
Harassment in the Second Degree - Only a violation, characterized by attempts at minor physical contact as a threat. This type of harassment might include striking, shoving, or kicking. In general, these types of harassment are alarming, but they do not make the victim particularly fearful that they might end up getting harmed. Since this is a violation, you would not be required to serve any time or pay any penalties for this crime.
Harassment in the First Degree - A class B misdemeanor, usually involving more than one act of harassment. This harassment charge occurs when it is essentially harassment in the second degree several times, creating an atmosphere of reasonable fear for injury or other harm. With this being a class B misdemeanor, you might face a maximum jail term of 3 months and a fine of up to $500.
Aggravated Harassment in the Second Degree - A class A misdemeanor, characterized by the threat of a physical altercation or actual injury. This form of harassment more directly insinuates harm. It can be done through phone, mail, email, text, or any other communication method and instills a definitive sense of fear that harm will occur or harm actually does occur. This can also be characterized by a physical altercation based on race. Since this is a class A misdemeanor, you can expect to receive up to one year in jail and a fine of up to $1,000.
Aggravated Harassment in the First Degree - A class E felony involving destruction of property in an offensive way. Examples of this type of harassment include damaging religious property, setting a cross on fire, or defacing property with offensive imagery. This being a class E felony means that you could face a fixed jail term of between 1-4 years if convicted.
Contact a New York City Harassment Defense Lawyer
If you are accused of harassment, you need the assistance of an experienced NYC criminal defense attorney to help you develop a winning strategy. Contact the knowledgeable team at [nap_names id="FIRM-NAME-1"], by calling us today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"]. With 25+ years of experience in criminal law, you can trust Joey Jackson and his team to resolve your case beyond your expectations.
Sources:
https://www.nysenate.gov/legislation/laws/PEN/240.30http://ypdcrime.com/penal.law/article240.htmhttps://www.nycourts.gov/judges/cji/2-PenalLaw/240/240-26.pdf
]]>On Behalf of JOEY JACKSON LAW, PLLChttps://www.joeyjacksonlaw.com/?p=464692021-03-19T12:00:25Z2021-02-10T05:00:00Z
Of all the crimes that would require criminal defense, murder is obviously the most serious. However, in New York, it is not simply whether you killed someone that determines your charge and possible conviction. Other factors must be taken into consideration, such as intent to kill for murder and in some cases of manslaughter. In addition, whether the person you allegedly killed is a police officer or other peace officer may result in first-degree murder, aggravated murder, aggravated negligent homicide, or aggravated manslaughter charges. Consider the following categories and their subsets for further clarification.
How to Differentiate Between Murder, Manslaughter, and Homicide Charges
If you have been accused of killing someone and convicted, you could face anywhere from a few years in prison all the way up to a life sentence, depending on the circumstances. It depends on the charge classifications and their respective subsets of categories. What sets murder apart as the most serious crime is the fact that it involves having an intent to kill and not just an intent to seriously injure, as with first-degree manslaughter. First-degree manslaughter can also often involve an intent to kill, but only if under extreme emotional distress or disturbance. In general, New York has three types of murder charges:
Murder in the First Degree
Murder in the Second Degree
Aggravated Murder
However, with regards to manslaughter and homicide, the circumstances surrounding the charges are slightly different from those with murder. Depending on the case, the charges could be one of any of the following:
Manslaughter in the First Degree
Aggravated Manslaughter in the First Degree
Manslaughter in the Second Degree
Aggravated Manslaughter in the Second Degree
Criminally Negligent Homicide
Aggravated Criminally Negligent Homicide
Vehicular Manslaughter
Vehicular Manslaughter in the Second Degree
Vehicular Manslaughter in the First Degree
Aggravated Vehicular Homicide
Contact a Brooklyn Criminal Defense Lawyer
If you are accused of murder or another homicide charge, you need to hire a knowledgeable, experienced New York criminal defense attorney. Depending on the circumstances of your case, your lawyer might be able to develop comprehensive strategies that aim for your acquittal. For instance, recently, JOEY JACKSON LAW, PLLC, was able to use a theory of “Depraved Negligence” to acquit a client of murder. Call JOEY JACKSON LAW, PLLC today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to learn what he and his team can do for you.
Sources:
http://ypdcrime.com/penal.law/article125.htm#p125.00
https://www.diffen.com/difference/First_Degree_Murder_vs_Second_Degree_Murder
https://www.encyclopedia.com/science/encyclopedias-almanacs-transcripts-and-maps/murder-vs-manslaughter]]>On Behalf of JOEY JACKSON LAW, PLLChttps://www.joeyjacksonlaw.com/?p=464732021-03-19T11:49:20Z2021-02-03T05:00:00Z
As you may already know, if disciplinary charges are brought against you during a civil service disciplinary investigation or if you are merely interviewed as part of someone else’s civil service disciplinary process, you are going to want your union representative as well as a lawyer present to make sure you do not say the wrong thing and possibly incriminate yourself. Depending on how things go during the investigative interview will help determine the outcome for you or someone else. That person, you, or both of you may have their jobs on the line as a result, so it is good to be prepared ahead of time for the types of questioning that could take place during one of these interviews.
5 Tips for Achieving a Successful Outcome
While most questions during this interview will be specific to the case being investigated, there are a few questions that will almost certainly come up in one way or another. To help you be better prepared, here are a few tips:
Meet with a lawyer in advance. Your lawyer might want to bring your union representative onboard as well while you and your lawyer discuss the potential questions you might face during the investigative interview in addition to the usual review of the circumstances surrounding the case. Pay close attention to all advice provided as if you were studying in school, even taking notes if possible. You want to be ready for anything during the interview.
Be ready with general information. Your name, your position, the number of years you have worked as a civil servant, the number of years with that organization, the number of years in your current role; be prepared to divulge all this information without hesitation.
Understand the organization’s rulebook. You should have at least a general understanding of your employer’s rules and guidelines. You may need to refresh your memory by reviewing these guidebooks before the interview. If the investigator knows that you understand the civil servant handbook for your position, then it will be easier for you and your words to be trusted.
Prepare to describe how you know the person of interest appropriately. If you are serving as only a witness, you will be asked how you know the person being investigated. Be brief and impartial in your response. Saying too much about your relationship could make you appear biased and less reliable as a witness. In addition, you could incriminate yourself, so keep it short, to the point, and objective. Be sure to consult with your labor representative and your lawyer as to how you might want to respond beforehand.
Provide a complete recounting of the event(s) in question. Whether you are a witness or the accused, the investigative body is going to want all the details regarding the incident or incidents in question. They will need a descriptive summary of everything that happened, especially as it concerns the accused. Be sure to get coached by your lawyer on this before attending the investigative interview. You need to be prepared with the appropriate storyline so as not to seem inconsistent or otherwise uncertain or unclear about the case.
Contact a Bronx Civil Service Job Defense Lawyer
Whether you are facing charges or serving as a witness during a civil service investigative interview, you are going to want to retain the representation of a skilled Brooklyn civil service job defense attorney who can guide you through the process and help you respond properly to all questions during the interview. Call JOEY JACKSON LAW, PLLC today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] for further details about how we can help you.
Sources:
https://www.ifpo.org/wp-content/uploads/2013/08/interviewing.pdf
https://www.nysenate.gov/legislation/laws/CVS/75
https://www.labor.ny.gov/formsdocs/personnel/ga9.pdf
http://www.pefregion8.org/wp-content/uploads/summofcsl.pdf]]>On Behalf of JOEY JACKSON LAW, PLLChttps://www.joeyjacksonlaw.com/?p=464762021-03-18T15:28:00Z2021-01-29T05:00:00Z
As a civil servant, if you happen to be tenured, there are certain civil service disciplinary procedures dedicated to specific instances that warrant further investigation. In those cases, there will likely be investigative interviews, disciplinary charges, and even a hearing. These procedures give you the opportunity to argue your case in a formal setting and fight for your job and your rights as a civil service employee before the employer is permitted to discipline you. This essentially turns an ordinary employee and employer interaction into a legal proceeding. However, as a result of inadequate preparation or other deficiencies in your case, you may be dissatisfied with the outcome, be it the penalties you receive or the determination of guilt itself. If this occurs, you can file a disciplinary appeal that will give you and your attorney the opportunity to present a more convincing oral or written argument about your case.
3 Reasons to File a Disciplinary Appeal
There are many reasons to file a disciplinary appeal even if you do not think your case is “winnable,” some of which you might not be aware. Here are a few of those reasons:
Minimize penalties—While your argument might not restore your employment to exactly where it was prior or clear your name of the determination of guilt, you can still minimize the penalties you will face. For instance, according to Section 76 of the New York Civil Service Law, you can appeal any penalty you face with the exception of the letter of reprimand. If you and your lawyer present a strong enough argument during the appeals process, that means that other than the letter of reprimand, any of the following penalties could be removed from your case:
Fines of up to $100
Up to a two-month suspension without pay
Demotion
Loss of employment
Restore your reputation—By fighting the determination that claims you are incompetent or guilty of misconduct of some sort, you are showing strongly that you believe in your own work and that you received an unfair determination. Challenging the determination—even if it does not result in the removal of a single penalty—will still help you restore your reputation, especially if you aim to find a job elsewhere.
Prepare an aggressive defense with your lawyer to protect your rights—If you hire the right attorney, he or she will be able to determine the best strategies for your case to fight those penalties. Your lawyer will know how to protect your rights and maybe even save your job, especially if he or she discovers facts about the circumstances of the disciplinary actions that make the employer seem vindictive or biased, which could help other employees in the future, too.
Contact a Manhattan Civil Service Employment Defense Attorney
A determination of guilt in a civil service disciplinary case does not have to spell the end of your career, your reputation, or your relationships with your fellow employees. Once you hire a knowledgeable NYC civil service job defense lawyer, you will stand a great chance at minimizing the penalties. Reach out to JOEY JACKSON LAW, PLLC today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to schedule a personal analysis of the circumstances surrounding your potential disciplinary appeal.
Sources:
https://www1.nyc.gov/site/csc/appeals/disciplinary-appeals/file-appeal.page
https://www.nysenate.gov/legislation/laws/CVS/76
http://www.ongov.net/employment/documents/manual_of_procedures_in_disciplinary_actions_04_08.pdf]]>On Behalf of JOEY JACKSON LAW, PLLChttps://www.joeyjacksonlaw.com/?p=464792021-03-19T11:44:57Z2021-01-20T05:00:00Z
Of all the complicated issues facing those who seek counsel for a civil service job defense case, medical separation is particularly challenging due to many of the emotions involved, among other things. But overall, all sorts of issues could come your way if you are hoping to win a medical separation case and somehow get back to work. From your employers and their lawyer not trusting your doctor’s judgment to forgetting to file the proper paperwork, you need to be sure yourself and know that you can return to work. In addition, your doctors and lawyers must convince the administrative judge or hearing judge, the employers, and the employers’ lawyers that you are still able-bodied and of sound mind enough to work in the same or a similar, acceptable capacity at your workplace or, in other words, not “unfit to perform the full duties of that position at work.”
What Is a Medical Separation?
Plainly, medical separation occurs when an employer decides you are greatly impaired from fulfilling your duties in your role as a civil servant. Usually, this coincides with you going an entire year without working a typical and consistent schedule and without fulfilling any of your usual obligations, and all of this occurs without the approval of your employer. Keep in mind this will only happen if you are:
A tenured public servant (usually having served 10 years or more in a role with your employer)
Unable to perform the full duties of your job for at least one year
Given due process in responding to the request for medical separation
Consequences of medical separation include:
Losing your job
Losing the pension and other benefits
The 3 Most Important Things to Do if Given Notice of Medical Separation
If your employer notifies you of a medical separation, you should attempt to do all or some of the following to help you win back reinstatement in your civil service position:
You will be given, in most cases, up to 60 days (usually at least 30 days) to respond to the formal notice regarding the medical separation. Decide wisely, but before you do, be sure to consult with:
Your union
An attorney, if you choose to protest the medical separation
Your personal doctor or another medical professional if they can provide substantial evidence of your capability to return to work
Your employer can then object to your protest to the medical separation, but if they refuse to stop the process, this will trigger a hearing with an administrative judge, which is treated similarly to civil service disciplinary hearings. Do not let this fact deter or discourage you, though: medical separation is not nearly as negative for you as a disciplinary termination.
Particularly during the first onset of your disability at or outside of work in your civil service position, you need to keep track of how long you were working that job while being adversely affected by medical problems (or not). Your employer might not add things up properly, which could be key in winning your case.
Contact a Brooklyn Medical Separation Attorney
If you have been issued a notice of medical separation from your employer and you believe you have a strong case to contest it and get reinstated at your position, reach out to an experienced Bronx civil service lawyer job defense lawyer. Call JOEY JACKSON LAW, PLLC, at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to get your job situation evaluated in such a way as to decide on the best strategies to help you win your case.
Sources:
https://www.nysenate.gov/legislation/laws/CVS/71
https://www.nycers.org/sites/main/files/file-attachments/922.pdf
http://www.aele.org/law/Digests/empl133.html]]>