Who Is Protected Under Section 75?

New York civil service employees with permanent appointments in the competitive class automatically receive Section 75 protections after completing their probationary period—typically 6 to 12 months. Non-competitive and labor class employees gain these same protections after five years of continuous service, while exempt class employees only qualify if their appointing

What Are Pre-Hearing Suspensions and How Do They Affect Your Rights?

If you’re a New York civil service employee facing disciplinary charges, your agency might suspend you before your hearing even starts. A pre-hearing suspension removes you from your position while charges are pending, and it can feel like you’ve been found guilty before you’ve had a chance to defend yourself.

What Are the Notice Requirements for Section 75 Charges?

If you’re a New York civil service employee facing disciplinary charges, understanding the strict notice requirements under Section 75 can mean the difference between losing your job and successfully defending your position. Section 75 of the New York State Civil Service Law provides critical procedural protections that agencies must follow

How Do You Present Evidence in Section 75 Proceedings?

New York civil service employees facing disciplinary charges under Section 75 have specific rights regarding evidence presentation. You can present documentary evidence, witness testimony, and expert opinions to defend against charges. The administrative hearing follows relaxed evidentiary rules compared to court proceedings, but you still need to understand proper evidence

How Are Hearing Officers Selected in Section 75 Cases?

When you’re facing Section 75 disciplinary charges as a New York civil service employee, the person who decides your case can make all the difference. The hearing officer holds significant power in evaluating evidence, assessing witness credibility, and ultimately recommending whether the charges against you are justified. Understanding how hearing

What Happens After Section 75 Hearings in New York?

After your Section 75 hearing concludes, the process enters a critical phase where your case is decided. The hearing officer reviews all evidence and testimony, prepares a written recommendation, and submits it to your agency for a final determination. This post-hearing period typically lasts 30-60 days and involves multiple procedural

How Do You Appeal an Adverse Section 75 Decision in New York?

If a hearing officer recommended discipline or the agency imposed penalties after your Section 75 hearing, you’re not out of options. New York civil service employees have specific legal pathways to challenge unfavorable disciplinary decisions through Article 78 proceedings and, in some cases, administrative review processes. Understanding these appeal mechanisms

Can You Settle a Section 75 Disciplinary Case?

Yes, you can settle a Section 75 disciplinary case at any stage of the proceedings. Settlement negotiations allow civil service employees and their employers to resolve disciplinary charges through mutual agreement rather than proceeding to a formal hearing. These settlements can occur from the moment you receive disciplinary charges through

How Do You Prepare for a Section 75 Disciplinary Hearing?

Facing a Section 75 disciplinary hearing can be overwhelming for New York civil service employees. The preparation phase is critical – it determines whether you’ll effectively defend your job, reputation, and career against serious charges. You typically have 8 days to prepare after receiving charges, though you can request additional

How Do You Negotiate Severance for Different Termination Scenarios?

Your negotiation strategy should fundamentally change based on why you’re leaving. If you’ve been laid off due to budget cuts, your approach differs completely from someone fired for alleged performance issues or someone facing discrimination. Understanding these distinctions determines whether you’ll secure two weeks of severance or six months—and whether