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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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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.

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Brooklyn police discipline defense attorney

In New York, state law NYCL CVR Section 50-a prohibits the release of the personnel records of certain occupations, including corrections officers, firefighters, and EMTs. However, police officers are the occupation most commonly associated with this law, and information about certain types of police disciplinary actions is not disclosable to the public or the media. 

By blocking public disclosure of these records, Section 50-a protects police officers from retaliation by criminals and prevents defense attorneys from using a police officer’s disciplinary record to discredit their testimony in a criminal trial. This law also protects police officers from being publicly vilified on the basis of unverified or unsubstantiated accusations or because of disciplinary actions that are unrelated to the cases they are involved in.

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