People employed by the New York civil service benefit from a range of additional benefits not offered to those workers who are employed in the private sector. One such benefit is that many public employees will not be subject to disciplinary action or removal unless their misconduct or incompetency is proved through a disciplinary hearing. Not all employees in the New York civil service are eligible for this right, so it is important to know what benefits apply to your situation. If you are preparing for a disciplinary hearing at work, do not take the process lightly: Seek professional legal counsel and representation from a skilled civil service and job defense attorney.

Civil Service Employees 

Any of the groups discussed below will not suffer consequences for any accusations stated against them unless they are found guilty of misconduct or incompetence in a disciplinary hearing:

The time after a loved one’s death is difficult to process, and legal matters may not be a priority. However, if you lose a spouse, parent, or child because of something another person could have prevented, you should consider filing a wrongful death lawsuit. If you plan on filing for a lawsuit, it is vital to understand when you can do so. Every state is different, but New York State law dictates who and when may file for a wrongful death lawsuit. To help prepare for a suit and to increase your chances of earning the damages that you deserve, speak with an accomplished wrongful death attorney near you.

Filing Wrongful Death Lawsuit

Before filing for a wrongful death lawsuit, it is worth understanding if your situation warrants such an approach. Wrongful death refers to when someone’s death was preventable, and either another person or company was at fault. If this is the case, you may be eligible for compensation from the party responsible. Also, there are ample grounds for a wrongful death lawsuit if the person who died could have collected damages for pain and suffering if he or she had not died. 

Any criminal activity is taken seriously throughout the United States, with penalties differing from state to state depending on the offense. If you are ever arrested in New York, there are specific rules that you and the police must follow. In your case, it is best to comply with a police order first and file any grievances regarding police misconduct later. Failure to obey police orders can complicate matters further, and you risk punishment in some fashion despite the police misconduct that propelled you to react. Regardless of the circumstances of your arrest, you have the best chances of presenting a successful defense if you work with a knowledgeable attorney who has an incisive understanding of the New York criminal justice system.

New York Law and Police Orders

According to the New York Penal Code, Section 205.30, “A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor.”

Throughout the history of the United States, great strides have been made to expand voting rights to American citizens regardless of gender, race, and ethnicity. We now live in a country in which the voting rights of our diverse population are guaranteed by law, and with these rights comes an important responsibility to exercise them and contribute to the democratic process. As the crucial 2020 election approaches, it is important for New York voters to understand some of their specific rights that may impact the voting process.

Understanding the New York Voter’s Bill of Rights

The State of New York has published a Voter’s Bill of Rights that guarantees certain protections for voters throughout the state. Among these are:

In a year that has been challenging for many reasons, one pressing concern as a momentous Election Day approaches is the ability to vote without putting yourself at risk of contracting COVID-19. Thankfully, New York City offers a few voting options to allow you to choose what you are most comfortable with and ensure that you have input in important national, state, and local elections.

Options for Voting in New York City

In New York, you have three primary options for submitting your ballot, including:

The 2020 election has the potential to change the course of our nation’s history, and every citizen who is eligible to vote can have a say in the outcome. In order for your voice to be heard, though, it is imperative that you register to vote if you have not already done so. New York offers several registration options, and the sooner you begin the registration process, the smoother your voting experience will be on November 3, Election Day.

Who Is Eligible to Register to Vote in New York City?

In order for you to register to vote in New York City for the upcoming election, all of the following must be true:

As the historic November 2020 election approaches, the presidential race may dominate the headlines, but it is far from the only important race for New York City residents. In fact, congressional representatives, state and local officials, and elected judges and prosecutors may have a more significant and direct impact on your life and community. Unfortunately, local election voter turnout has been as low as 20 percent in recent years, but you have the opportunity to change that. An engaged voting population is crucial for a functioning democracy, and for promoting representation and equality within the national, state, and local communities, and all New Yorkers have a responsibility to do their part.

Important Down-Ballot Races in New York

In 2020, some of the important down-ballot elections for New Yorkers include:

Driving while intoxicated (DWI) is treated as a serious offense in New York with the potential for significant penalties if you are convicted. One frequently imposed consequence for alcohol-related driving offenses is the suspension or revocation of the offender’s driver’s license for a specified period of time, from 90 days for minor infractions up to 18 months for some felony convictions. While this can reduce the public risk of injury in future drunk driving accidents, it can also create hardship for the person whose license is suspended or revoked if he or she is unable to drive to work, school, and other important locations. If you have been arrested for or convicted of DWI or a similar offense, a criminal defense attorney may be able to help you obtain a conditional license to reduce this hardship.

Obtaining a Conditional Driver’s License in New York

If you are a first-time DWI offender facing relatively minor charges and the State of New York believes your continued driving does not pose a significant risk to other drivers, you may be able to seek a conditional driver’s license. In order to be eligible for a conditional license, you must also attend an Impaired Driver Program approved by the New York Department of Motor Vehicles (DMV), as well as submit to a drug and alcohol evaluation and any required treatment programs.

The United States and New York State Constitutions both protect citizens from unreasonable search and seizure, but there are situations in which the search of a criminal suspect’s property is lawful. If you are suspected of committing a crime, it is important that you understand your rights so that you know whether or not you should submit to a search, and whether you and your criminal defense attorney should contest the admission of unlawfully obtained evidence during your trial.

What Does a Search Warrant Allow in New York?

A search warrant allows law enforcement officers to search a designated place, vehicle, or person and seize specified property to deliver to the court, for example, in cases involving criminal drug or weapons possession. In combination with an arrest warrant, a search warrant can also allow officers to search designated premises, including the residence of a third party, in order to find and place a suspect under arrest. Depending on the court that issued the warrant, it may be valid throughout the state or only within designated counties. A warrant is valid for 10 days after it is issued, and usually, only between the hours of 6 a.m. and 9 p.m. Unless officers have applied for and been granted an exception, they are generally required to notify and display the warrant to the person or owner of the property being searched. However, if the person refuses the search, the officer is authorized to use physical force to perform it.

Federal crimes are any offenses that violate U.S. federal laws. Typically, they have national or interstate implications, such as mail fraud, tax offenses, and insurance fraud. Before federal prosecutors indict someone for a federal offense, they complete a rigorous investigation. For example, if the feds suspect a person of committing corporate fraud, the FBI will investigate and look for significant evidence before making an arrest. Other federal agencies that will conduct investigations into federal crimes include:

• Drug Enforcement Administration (DEA)

  ...

When officials found disgraced American financier, socialite, and convicted sex offender Jeffrey Epstein dead in his prison cell in 2019, New York City’s medical examiner declared Epstein’s death a suicide. Many of his alleged victims were disheartened that they would not get the justice that they had sought. However, there is some hope for those who wish to see the case unraveled to the end. Ghislaine Maxwell, Jeffrey Epstein’s confidante and a British socialite with ties to many powerful individuals, is currently being held in custody and is accused of recruiting and grooming underage girls, as young as 14, for Epstein to abuse. 

In 2007, Epstein served 13 months in county jail after being indicted for the abuse of dozens of underage girls. However, in July 2019, Epstein faced sex trafficking charges for recruiting and paying some of his victims to find more underage girls for him to abuse at either his New York or Palm Beach residences. Many recipients of large donations from Epstein were under intense scrutiny during this lawsuit. His death prevented investigators from learning if any powerful people or institutions shared in his trafficking abuses.

There are a few rules that those with civil service jobs will have to remember to prevent being disciplined at work. A common question many public employees have is whether or not they are able to hold an additional job on the side to make some extra money. The answer is not so simple, and it depends on the unique circumstances of each situation. If you have any questions regarding your rights as a public employee or need legal defense in response to a disciplinary hearing, make sure to work with an experienced, trusted NYC civil service and job defense attorney.

NYC Dual Employment 

New York State law explicitly states that any public employees in the classified service are forbidden from having any other public position on a full- or part-time basis. However, civil service employees are allowed to get the written consent of their employers and take another position.

The next portion of this law states that if public employees want to take any non-public jobs outside of work, they still must gain permission from their supervisors. Whether or not these extra earnings will be granted is determined by the ethics outlined in the Public Officers Law. To be safe, most public employees should try to obtain permission from the Joint Commission on Public Ethics.

Although civil service employees in New York City generally have protections that private-sector employees do not, there are still some laws that dictate how and when they can take action. If we were to simply answer the question of whether or not civil servants are allowed to strike in New York, the answer would be no, but that is not the full story. To understand how public employees can organize and enact change, you must understand the Taylor Law. If you find yourself in any dispute while holding a civil service job, it is imperative to seek trustworthy legal assistance from an experienced NYC civil service and job defense attorney. With professional help, you will be able to better navigate the intricacies of New York civil service law.

The Taylor Law

The Taylor Law, which took effect in 1967, covers almost all public employees who work for the state, cities, counties, towns, villages, school districts, public authorities, and some special service districts. Although it prevents public employees from striking, the law does the following:

In addition to the job security that you have as a public service employee, some additional laws help preserve your rights while working in a public position. In particular, there are rules regarding how civil service employees may be treated regarding their political views and laws that prevent certain public employees from engaging in any political activity that would cause a conflict of interest. Since individual circumstances often differ, it is important to meet with a knowledgeable civil service employment attorney in NYC. This way, there is no room for confusion relating to how your employer treats you and what you can and cannot do in your position.

NYC Civil Service Political Activity Laws

In general, most people who work for the State of New York are allowed to take part in partisan political activity outside of work. To protect this right, the New York civil service laws state that public employers are not allowed to exert any political pressure on their employees while at work. This entails the following:

Civil service positions offer the benefit of increased job security and some additional rights that you will not find in the private sector, and their implications can vary from person to person. If you are seeking a public job or are trying to defend your status as a civil servant, an experienced civil service employment attorney can help you protect your rights and the benefits of working in the public sector. 

Veterans’ Rights in the Public Sector

A veteran trying to pass an examination to either be appointed or promoted to a State position will have some unique benefits, and understanding what you could be eligible for can play an important role in determining whether or not you get the job that you desire. In general, New York State laws require these exams to be competitive in order to place qualified and excellent candidates in the appropriate jobs. This also means that no advantages should be given to one applicant over another. 

However, there is a small caveat if the person taking a civil service exam is a veteran. If you are a veteran but are not disabled, you can claim five additional points on your exam score. If you are a disabled veteran, you will get 10 points of additional credit on the exam for an open position and five points for a promotion exam. In order to ensure that any candidate selected for a job is properly trained and highly-capable, these bonus points are only applied if the veteran in question passes the exam with their base score.

New York’s civil service laws provide enhanced job security that many employees in the public sector do not have. If you are recovering from an injury or a disability that will make you unable to work temporarily, you will not lose your job in most cases. However, Section 71-73 of the New York Civil Service Law dictates when an employer is allowed to terminate a civil service employee for medical reasons. If this happens to you, a skilled civil service attorney with years of experience can help you contest the termination and protect your rights.

Medical Separation

If you need to recover from a serious injury or disability, Section 71-73 gives you the right to a medical leave of absence for up to a year. If you were assaulted while working, you can take up to two years off. When a medical practitioner has determined that you are fit to work, you can be reinstated to your position.

Since this leave of absence can be so long, civil service employers will need to fill your position in many cases. Should this happen, Section 71 states that you should be given a similar job in the same field or for any position that you are qualified to transfer to. If there is no immediate vacancy for you to fill, you will be put on a preferred list, and you will be eligible for the next available and appropriate position for four years.

As a civil service employee in NYC, you have some additional job security that those outside of the public sector often lack. However, that does not make you immune from disciplinary action. If your employer ever accuses you of misconduct, there are still ways that they can seek to remove you from your position. Contact a reputable civil service and job defense attorney if you are ever accused of willful misconduct at work. In the meantime, familiarize yourself with the process an employer must commit to before engaging in any disciplinary action.

NYC Disciplinary Action Procedures

According to New York State law, civil service employees are entitled to due process before any disciplinary action is taken against them. If an employer tries to ignore this process, they risk losing to an appeal and being negatively judged by their other employees. New York law states that due process not only be granted in a hearing, but in the preliminary stages of an investigation.

For example, employers are strongly encouraged not to let their own biases or prejudices play a role in an investigation. If this is apparent, the strength of their testimony will be greatly diminished. Employers are also barred from trying to mislead employees or put them at a disadvantage in any regard. Instead, employees should be notified of the actions that they are being accused of so that there is no confusion.

Up until a couple of years ago, not all civil service employees had the right to due process if they were facing disciplinary procedures on the job. In 2018, however, Governor Cuomo signed an extension of Section 75 of the Civil Service Law into place that extends due process benefits to the labor class. This could have a dramatic impact on you if you are in a public position that was not protected by Section 75 before, and you will have much greater job security and an easier time defending against any accusations. Regardless of what your case may be, it is always important to form an aggressive defense to defend your rights with the help of a civil service employment and job defense lawyer.

Your Rights Under Section 75 

Anyone eligible for protection under Section 75 of the New York Civil Service Law cannot be removed from their position or penalized without due process to prove their incompetence or misconduct. These terms leave a lot of room for interpretation, but in general, incompetence is understood as a person’s disregard for management, procedures, lack of knowledge, or little aptitude. Misconduct is often meant to refer to intentional misdeeds or deliberate ignorance of rules. Without Section 75 protection, an employee would be subject to penalties or removal without a proper hearing. With this law, accused employees also gain the right to legal representation during the due process proceedings to maintain heightened job security.

Before Governor Cuomo passed the extension, Section 75 only applied to employees in “competitive class” positions, meaning anyone in a position that is earned by merit or examination. Employees in non-competitive positions like teachers and bus drivers were eligible for protection after five years of service. This left labor class employees (i.e. cleaners, food service helpers) without any access to due process in a disciplinary hearing. Fortunately, this extension provides bolstered job security to labor class positions after five years of service. If you hold a labor class position and are accused of incompetence or misconduct, you are entitled to legal representation to provide a defense before being penalized or removed from your job.

For a few years now, New York has been in an ambiguous limbo regarding government and employer attitudes towards marijuana possession and usage. However, as of May 10, 2020, significant changes took effect that prevent job applicants from being discriminated against based on marijuana use. Although this does not fully legalize marijuana, it provides a significant amount of clarity regarding the vague legislation that is currently in place. If you face any charges for marijuana possession or use on or off the job, ensure that you get excellent legal aid from an experienced criminal and job defense attorney.

NYC Marijuana Laws

If you are not already aware, new rules regarding marijuana use in New York State were enacted in August 2019. These rules did not legalize marijuana, but it did lessen the severity of potential enforcement. For example, possession of marijuana up to two ounces is only considered a violation that could warrant a fine, but possession over that limit could still lead to criminal charges. This law ignores whether or not a person uses marijuana.

The Ban of Job Applicant Marijuana Tests

Given that New York seems to be slowly pushing towards the legalization of marijuana, this new measure provides more leniency than the somewhat superficial decriminalization imposed last year. Some states, like Maine, prevent employers from discriminating against employees for marijuana use, but this ban takes such efforts a step further. Now, public and private employers in New York City (even if their headquarters reside elsewhere) can no longer perform drug screening on any potential hires.

When you are involved in any type of civil lawsuit, including a breach of contract matter, employment dispute, or a wrongful death action, there are a few ways to resolve your case. Depending on the circumstances, you may be able to reach a resolution through direct negotiations, but if negotiations fail to produce results, your case will be put on a track toward trial. Before going to trial, however, filing certain motions could help your case. If you believe a pretrial motion is appropriate in your case, you should work with a skilled civil litigation attorney who can help you file the motion.

Different motions serve different purposes, and either side of a dispute can initiate one. It is essential to know what kind of motion might apply in your case. Once you and your attorney determine what type of motion is needed, there are a few steps that are necessary to properly file the motion, and it is important to follow them carefully. Some of the most common pretrial motions include:

Motion to Dismiss

If the defendant in a civil suit does not believe that case should proceed to trial, a motion to dismiss may be appropriate. A plaintiff can also file a motion to dismiss if proceeding with the case becomes unnecessary. A plaintiff’s motion to dismiss will almost always be granted, but a defendant’s motion will typically require the court’s careful attention. The basis for a motion to dismiss could be the facts of the case or a procedural issue such as bad service of documents, plaintiffs standing to file suit, or the court’s jurisdiction over the matter. If the motion is granted and the case is dismissed without prejudice means that the case can be refiled, while a dismissal with prejudice prevents the case from being refiled.