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NYC civil employee defense attorneyThere 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.

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Queens civil service employment defense attorney

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:

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NYC job defense lawyerIn 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:

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New York City civil service employment lawyerCivil 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.

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New York civil service medical separation lawyerNew 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.

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