Should I file a civil service appeal? Well, read what a New Jersey appellate court’s recent decision said, and you will probably decide the answer is yes. Background Mina Ekladious had nine years of experience as a firefighter and earned a certification as a Firefighter I before he was conditionally…
Progressive discipline is a bedrock principle in New Jersey civil service law. However, while flexible, progressive discipline has its limits. The New Jersey Supreme Court recently issued a precedential employment law decision examining when progressive discipline allows for termination of a law enforcement officer’s employment for even a first offense…
New Jersey employment law affords significant wage and hour protections to employees through the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law. Both laws were significantly strengthened by amendments in 2019, adding additional penalties, recovery of attorneys fees, enhanced damages, and a longer, six-year statute…
The New Jersey Law Against Discrimination prohibits discrimination and harassment in the workplace. The New Jersey Civil Service Commission published a regulation incorporating this requirement. However, in the case of Savchenko v. State of New Jersey, the New Jersey Supreme Court found that a portion of this regulation which requested…
New Jersey employment lawsuits alleging discrimination, harassment or retaliation are often resolved in settlement agreements. The New Jersey Supreme Court recently clarified the permissible scope of non-disparagement agreements in those settlement agreements in the case of Savage v. Township of Neptune. Background Christine Savage was a police officer with…
New Jersey civil service law provides employees with an effective avenue for appealing adverse employment decisions to the New Jersey Civil Service Commission. However, in the case of Matter of Trejo, Police Officer and Union City, a New Jersey appeals court held that an employee may be removed from a…
In New Jersey Civil Service, hiring and promotion are done in accordance with the applicant’s (or “eligible’s”) rank on a list. There are specific reasons why an applicant may be removed from a Civil Service list. However, sometimes removal is done because of favoritism, nepotism, politics, discrimination, whistleblower retaliation, cronyism,…
The Appellate Division of New Jersey’s Superior Court recently examined the use of the “Rule of Three” in New Jersey civil service list bypass appeals in the case of In the Matter of Antonio Salters, Fire Fighter, Township of Hillside. Background Salters applied to become a firefighter for the…
Under New Jersey employment law, criminal charges can have a significant impact on government employment beyond the penalties carried by the criminal charges themselves. These effects impact both civil service and non-civil service employees. Suspensions While Criminal Charges Are Pending First, a public employee may be suspended while criminal…
Appellate Division Demonstrates Why It Makes Sense to Pursue Civil Service Disciplinary Appeals. New Jersey civil service employees have protections which other employees do not. The heart of this is the opportunity to appeal major discipline imposed by their employers. A recent New Jersey appellate decision in the case of…