The amendment, which comes into force immediately, provides that persons in working-class positions, similar to employees in the non-competitive class, will be subject to due process under section 75 after five years of continuous service in their positions, including: (1) the right to be notified in writing of their right to union representation prior to being questioned on matters; that may result in disciplinary action; and (2) the right to written discipline and a hearing prior to the imposition of disciplinary measures, up to and including termination of employment. No matter what your case looks like, if you face disciplinary action in your public employment, you will need to forge an aggressive defense with a qualified public service defense attorney in New York. At JOEY JACKSON LAW, PLLC, we have years of experience protecting accused employees from disciplinary action. Make an appointment with us today by calling 1-833-JOEY-JAC or 833-563-9522. Now, the recent amendment to Article 75 of September 7, 2018 extends coverage to working-class employees with five years of continuous employment. Working class employees are unskilled workers who do not fall into any of the above categories. Previously, workers were not protected by section 75. If you are a Class employee with five consecutive years of service and believe your Section 75 rights have been violated, or if you need assistance exercising your Section 75 rights, please contact New York Borrelli & Associates` labor attorneys today for advice. If the employee does not agree with the final decision on the charges, he or she may apply to the appropriate Public Service Commission or state court.

(c) a worker who occupies a position in the non-competitive class or the working class that is not designated as confidential in the rules of the National or Local Civil Service Commission or that requires the performance of functions influencing policy, who has served at least five years continuously in the non-competitive class or worker in one or more positions since his last entry into service. that are not designated confidential in the rules or that require the performance of functions that influence policy, or 3-A.? Suspension pending determination of charges and sanctions relating to New York City Police Department officers. ? Pending a hearing and disposition on charges of incapacity or misconduct, a police officer employed by the New York City Police Department may be suspended without pay for up to thirty days. ? If such an officer is convicted of the charge, the police commissioner of that department may punish him in accordance with the provisions of sections 14-115 and 14-123 of the Administrative Code of the City of New York. Before the modification of 7. As of September 2018, Article 75 of the Civil Service Act covered only the following public employees: employees in the competitive category, which include positions for which competitions are held, lists drawn up and appointments based on list certificates; non-competitive employees at the level with five consecutive years of service, including posts for which the competent civil service authority determines that they cannot be filled by competitive examination; qualified veterans and exempt volunteer firefighters; New York housewife or housekeeper with three years of service; and police detectives with three years of service. Until a few years ago, not all staff members had the right to due process when faced with disciplinary proceedings. In 2018, however, Governor Cuomo signed an extension of Section 75 of the Civil Service Act that extends the benefits of due process to the working class. It could have a dramatic impact on you if you hold a public office that was not previously protected by section 75, and you will have greater job security and easier time defending yourself against charges. Whatever your case, it is always important to form an aggressive defense to defend your rights with the help of a labor lawyer and a labor defense lawyer.

This change is an important step forward for working class workers, who will receive the same protection as non-competitive and competitive workers as defined above. While many workers are already protected by their respective collective agreements, the addition of section 75 of the Public Service Act will ensure that all working-class workers with five years of continuous service have an additional means to fight against unjust discipline. 1.? Dismissal and other disciplinary measures. ? A person referred to in paragraphs (a) or (b) or (c) or (d), (d) or (e) of this subdivision may not be removed or otherwise subject to a disciplinary sanction under this section, except in the case of incompetence or misconduct demonstrated after a hearing on the charges referred to in this section. Before Governor Cuomo passed the extension, section 75 applied only to employees in “competitive class” positions, that is, anyone in a position obtained on merit or examinations. Employees in non-competitive positions, such as teachers and bus drivers, were eligible for coverage after five years of service. As a result, working-class workers (i.e. cleaners, restaurant workers) were denied due process at a disciplinary hearing. Fortunately, this extension provides increased job security for blue-collar positions after five years of service.

If you hold a position in the working class and are accused of incompetence or misconduct, you are entitled to legal representation to provide a defense before being punished or removed from office.