Your Legal Rights Under Civil Service Law Section 75
As a permanently employed Civil Servant in New York City, you are entitled to a number of protections under Civil Service Law Section 75.
Should your employer choose to bring allegations of misconduct against you, you have the right to be served with disciplinary charges that provide you with information regarding the claims. The basis of such accusations may involve incidents related to insubordination or the failure to perform job duties. Your employer has 18 months from the date of the alleged incident(s) to serve you with charges; however, the 18-month rule does not apply to acts determined to be criminal by the court.
Civil Service Law Section 75 grants you the right to learn about the evidence that will be brought against you by your employer prior to attending the disciplinary hearing. It is advised that you begin to gather evidence that may be useful in your defense soon after learning of the allegations. During the hearing, the expectation is on the employer to prove the legitimacy of the charges through the presentation of credible evidence. This may be done through witnesses called to testify or through the submission of documentation. However, Civil Service Law Section 75 allows you to call witnesses of your own as well as challenge all witnesses and evidence brought against you.
The administrative judge presiding over the hearing is responsible for a decision that can range anywhere from dismissing the charges to recommending the termination of your employment. It is important to note that the recommendation of the judge can either be accepted or rejected by the employer. If you are not satisfied with your employer’s final decision, you have the right to appeal it. An appeal to the New York City Civil Service Commission may be filed within 20 days from the date of decision and an appeal to the New York Supreme Court may be filed within 120 days from the date of decision.
Contact us today to tell us about your claim and discuss how we may help you in your case.