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New York civil service employee defense attorney

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:

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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:

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New York civil service investigative interview defense attorney

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:

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NYC civil service disciplinary appeals defense attorney

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:

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Bronx civil service medical separation defense attorney

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:

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5 Penn Plaza, 23rd Floor
New York, NY 10001

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