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As an NYC Civil Servant, How Can My Employer Accuse Me of Misconduct?

Posted on in Civil Service Employees

New York civil service job defense lawyerAs 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.

An employer’s memory will not be enough when trying to take disciplinary action against you. To support their case, they will need records or any documentation of your willful misconduct. 

Just as you are allowed to have legal representation during a hearing, there is a great chance that you will be granted access to legal representation during any preliminary questioning. This is to be decided before any intensive interrogation begins. Also, just as you have a constitutional right against self-incrimination, you do not have to self-incriminate in front of an employer. Employers cannot threaten you with disciplinary action to get you to incriminate yourself.

Contact an NYC Civil Service Attorney

As a civil service employee, you have enhanced job security under Section 75 of the New York Civil Service Law. If your employer ever threatens you with disciplinary action because they believe you have willfully violated job procedures or the law, you must get excellent legal representation from a Manhattan civil service attorney to forge an aggressive defense. At Joey Jackson Law, PLLC, we have many years of experience protecting employees during disciplinary investigations. To schedule a consultation, call us today at 1-833-JOEY-JAC or 1-833-563-9522.

 

Source:

http://www.ongov.net/employment/documents/manual_of_procedures_in_disciplinary_actions_04_08.pdf

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