Civil Service Discipline

Disciplinary Charges of Civil Service Workers in New York

Generally, civil servants have statutory due process protections in connection with their employment. In New York, civil servants are also protected by the New York State Constitution.

As a practical matter, this means that employee legal and contractual protections limit the circumstances under which discipline can be imposed and often involve due process hearings. In other words, your employer cannot discipline you without following very specific legal and/or contractual requirements. Your employer may be required to serve you with disciplinary charges specifically identifying the conduct that it is alleging warrants discipline, you may be entitled to a hearing where you may be represented by an attorney, and you may also have the right to challenge any discipline that may have been imposed. Our office has represented thousands of civil servants in a wide variety of disciplinary proceedings, including:

• Civil Service Law § 75 hearings
• Health and Hospitals Corporation Rule 7.5 hearings
• Step I, II, and III hearings
• Informal Disciplinary Hearings
• Arbitration before The City of New York Office of Collective Bargaining
• Arbitration before The City of New York Department of Education Grievance Panel Appeals
• Arbitration before The American Arbitration Association

Unfortunately, even if you’re a civil servant with contractual and/or legal protections that private sector employees don’t have, you may find that your union representatives are unhelpful. If this is your case, it is critical to speak to a qualified attorney who can guide you through the disciplinary process.

Secure New York Legal Representation to Protect Your Rights

As a civil servant, when you are served with disciplinary charges it puts your livelihood at risk and you may lose income if you are suspended, or worse, if you are terminated. If terminated, you may not find similar employment in the future and you may also lose significant pension benefits. With so much on the line, securing an experienced NY Civil Service Law Attorney to represent you is vital to your future. The Law Offices of Fausto E. Zapata, Jr., P.C., has helped hundreds of civil service workers and he can help you.