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Partly Cloudy Employment Law
Q: I’ve been employed as an accountant with a municipality in Suffolk County for the past 8 years. I recently received notice that the municipality is seeking my termination for misconduct on the job. I’ve never been in trouble before and I don’t know what to expect. Are there any laws I should be aware of that protect my rights?
A: Great question. First, if you are a member of a union, you should check to see if the collective bargaining agreement (CBA) with your municipality addresses the procedure for dismissing an employee. Generally, the CBA will provide greater safeguards, such as access to arbitration, than New York State statutory law. However, if you are not a member of a union, or if the CBA is silent on the issue, you will nonetheless be protected by Sections 75 and 76 of the Civil Service Law.
As a public sector employee, you are most likely entitled to a due process hearing before the municipality can impose discipline, including discharge. Constitutional due process protections are embodied within Section 75 of the Civil Service Law. Assuming you are an employee holding a position by permanent appointment in the competitive class of the classified civil service, Section 75 will provide you with numerous safeguards before a penalty such as termination can be imposed. These safeguards include the right to representation by your union (if you have one) during any questioning which may result in disciplinary action and the right to written notice of the charges and of the reasons for them. You will be provided at least eight (8) days to file a written answer to the charges preferred against you.
Most importantly, assuming you fall within the protection of the statute, Section 75 entitles you to a due process hearing in front of a hearing officer. At the hearing, you have the statutory right to be represented by counsel of your choosing and the burden will be on the municipality to prove that you engaged in misconduct. Misconduct is generally defined as intentional or willful disobedience.
