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Who Is Eligible for New York Civil Service Disciplinary Hearings?

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People employed by the New York civil service benefit from a range of additional benefits not offered to those workers who are employed in the private sector. One such benefit is that many public employees will not be subject to disciplinary action or removal unless their misconduct or incompetency is proved through a disciplinary hearing. Not all employees in the New York civil service are eligible for this right, so it is important to know what benefits apply to your situation. If you are preparing for a disciplinary hearing at work, do not take the process lightly: Seek professional legal counsel and representation from a skilled civil service and job defense attorney.

Civil Service Employees 

Any of the groups discussed below will not suffer consequences for any accusations stated against them unless they are found guilty of misconduct or incompetence in a disciplinary hearing:

  • Any person appointed to a permanent position in the competitive category of the classified civil service

  • People in a permanently appointed position in the classified service of the state, including those who work in service to counties, towns, political and civil divisions of municipalities, and the public school service, or who were honorably discharged from the United States’ Armed Forces. This rule does not apply if any such person is working in the civil service as a private secretary, deputy of an official or a department, or a cashier.

  • Any person employed in the non-competitive or labor class except those who influence public policy, as long as they have completed at least five years of continuous service in the non-competitive class

  • People working for the City of New York as either a Homemaker or Home Aide who have served for at least three years in a similar role

  • Any individual employed by a New York Police Department who has worked as a detective for at least three years continuously. If a person in this position is demoted because of the economy, consolidation of job duties, or otherwise, he or she will still be eligible for this benefit. However, if he or she is demoted because of misconduct or a lack of ability, he or she will no longer be eligible for a civil service disciplinary hearing. 

If you ever face a disciplinary hearing, you have a right to be recognized by any applicable, certified employee organization. Securing the best representation you can is crucial because if you wait too long, your employer will be able to continue with the hearing, and you will not be able to delay.

Contact a Bronx Civil Service and Job Defense Lawyer

One mistake should not jeopardize your job as a civil service employee, especially after years of hard work. Although you have the right to represent yourself in a disciplinary hearing, you will benefit from preparing with and seeking the advice of an attorney with extensive knowledge of New York civil service law. At Joey Jackson Law, PLLC, we can offer you a New York civil service and job defense attorney with over 20 years of experience in New York criminal and civil law. Learn more about how we can help you in your case by calling our office today at 1-833-JOEYJACKSON or 1-833-563-9522.

 

Source:

https://www.nysenate.gov/legislation/laws/CVS/75

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