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:
- Minimize penalties—While your argument might not restore your employment to exactly where it was prior or clear your name of the determination of guilt, you can still minimize the penalties you will face. For instance, according to Section 76 of the New York Civil Service Law, you can appeal any penalty you face with the exception of the letter of reprimand. If you and your lawyer present a strong enough argument during the appeals process, that means that other than the letter of reprimand, any of the following penalties could be removed from your case:
- Fines of up to $100
- Up to a two-month suspension without pay
- Demotion
- Loss of employment
- Restore your reputation—By fighting the determination that claims you are incompetent or guilty of misconduct of some sort, you are showing strongly that you believe in your own work and that you received an unfair determination. Challenging the determination—even if it does not result in the removal of a single penalty—will still help you restore your reputation, especially if you aim to find a job elsewhere.
- Prepare an aggressive defense with your lawyer to protect your rights—If you hire the right attorney, he or she will be able to determine the best strategies for your case to fight those penalties. Your lawyer will know how to protect your rights and maybe even save your job, especially if he or she discovers facts about the circumstances of the disciplinary actions that make the employer seem vindictive or biased, which could help other employees in the future, too.
Contact a Manhattan Civil Service Employment Defense Attorney
A determination of guilt in a civil service disciplinary case does not have to spell the end of your career, your reputation, or your relationships with your fellow employees. Once you hire a knowledgeable NYC civil service job defense lawyer, you will stand a great chance at minimizing the penalties. Reach out to JOEY JACKSON LAW, PLLC today at 833-563-9522 to schedule a personal analysis of the circumstances surrounding your potential disciplinary appeal.
Sources:
https://www1.nyc.gov/site/csc/appeals/disciplinary-appeals/file-appeal.page
https://www.nysenate.gov/legislation/laws/CVS/76
http://www.ongov.net/employment/documents/manual_of_procedures_in_disciplinary_actions_04_08.pdf