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…
How a New Jersey Civil Service employee’s separation from service is characterized, either “in good standing” or “not in good standing,” has significant consequences, particularly on the employee’s ability to obtain future government employment, and may even effect her employment in the private sector. Moreover, if the employee is found…
New Jersey disability laws apply to civil service employment decisions such as hiring and promotion. However, applicants with physical or psychological conditions must still be able to perform the essential functions of their prospective jobs with reasonable accommodation. Fortunately, New Jersey civil service law provides a process to protect the…
New Jersey Civil Service law gives significant protections to government employees in jurisdictions which have adopted civil service. It provides an appeals process that private sector employees and government employees in jurisdictions which have not adopted civil service do not enjoy. Most government employment decisions which do not involve minor discipline…
New Jersey Civil Service Law provides an effective appeals process for employees to use when challenging discipline imposed by their employers. This was recently illustrated in the case of In the Matter of Sherman Abrams, Northern State Prison, Department of Corrections. Background: The Abrams Case Sherman Abrams was, and…
A recent appellate opinion in the case of In the Matter of Ambroise demonstrates that New Jersey civil service employees will receive a fair hearing in appeals with the New Jersey’s Civil Service Commission and appeals courts. Background Ambroise was terminated as a senior correctional police officer (SCPO) by…
A recent New Jersey employment law decision examined the procedures for reopening a Civil Service disciplinary appeal because of newly discovered evidence. The Newsom Case In the case of In the Matter of Kevin Newsom, New Jersey State Prison, Kevin Newsom, a civil service employee, was terminated as a corrections…
Background. New Jersey Civil Service exists remove favoritism, nepotism, politics and other improper considerations from employment decisions. This includes Civil Service discipline. Because Civil Service employers are governmental entities, due process and fundamental fairness protections govern discipline. As far back as 1961, the Appellate Division gave a good summary of…
In General. The New Jersey Civil Service Act establishes three classes of civil service employees: Career (or “classified”), unclassified and, in State service, the Senior Executive Service. The New Jersey Civil Service Commission has the job of classifying positions – it is the positions which are classified, not people. …
The Civil Service Commission The New Jersey Civil Service System is governed by the Civil Service Act and Civil Service Regulations. Chapter 2 of Title 11A of the Civil Service Act, N.J.S.A. 11A:2-1, et seq., establishes the New Jersey Civil Service Commission (the “Commission”). The Commission is a department of…