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.
Contact a Manhattan Job Defense Lawyer
No matter what your case looks like, if you are facing disciplinary action in your public job, you must forge an aggressive defense with a skilled civil service job defense lawyer in NYC. Here at JOEY JACKSON LAW, PLLC, we have years of experience protecting accused employees from disciplinary action. Schedule a consultation with us today by calling 1-833-JOEY-JAC or 833-563-9522.
Sources:
https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-protect-rights-new-yorks-working-men-and-women
http://www.ongov.net/employment/documents/manual_of_procedures_in_disciplinary_actions_04_08.pdf
https://www.nysenate.gov/legislation/laws/CVS/75