The Appellate Division recently issued a decision exploring the limits of progressive discipline in New Jersey civil service discipline in the case of Matter of Collins. Background Darius Collins was a senior corrections officer at Norther State Prison. He had been a corrections officer for more than two years…
As we have explained here before, the New Jersey Civil Service appeal process gives civil service employees a meaningful avenue for appealing discipline imposed by their government employers. However, a recent appellate opinion is a good reminder that this meaningful avenue for appeal is a two-way street. The New…
The State and Federal Constitutions require that when the government takes action against someone that person must receive due process. For Civil Service employees, that process is the disciplinary appeals process. Therefore, in the case of In re Smith, Irvington Township, Department of Public Safety, the Appellate Division ruled that…
Our employment attorneys represent employees in New Jersey Civil Service appeals and disciplinary proceedings. One frequent matter of contention in the New Jersey Civil Service System is bypassing candidates for selection or promotion under the “Rule of Three.” The Rule of Three The New Jersey Civil Service Act requires…
A main goal of the New Jersey Civil Service Act is to ensure that employment decisions are based on merit and fitness, and therefore to prevent discrimination, political cronyism, corruption and nepotism from being a consideration. Thus, the Legislature has given civil service employees the ability to appeal most employer…
Hello. This is Robert Chewning from McLaughlin & Nardi. I am here today to talk about Civil Service Commission appeals, specifically list bypass appeals. List bypass appeals come into play when an individual is bypassed on a list for promotions to a higher civil service position than they already had. …
Good afternoon. We are here today to talk about removal from eligible lists because of failure to pass a psychological exam. The way the hiring process for firefighters and law enforcement officers in civil service goes in New Jersey is that first there is a job opening. It’s posted. Then…
The United States Court of Appeals for the Third Circuit recently issued an opinion interpreting the New Jersey Civil Service Act regarding the reemployment rights of laid off civil service employees. It probably reached the right decision, but its reasoning was far too broad and may have a negative impact…
New Jersey’s Civil Service System is designed so that government employees are hired based on their merit, not on nepotism, favoritism, cronyism, bribery or political connections. New Jersey’s Civil Service laws and regulations do this by setting up a system where candidates are tested and graded objectively against other applicants.…
Our employment lawyers represent many honorable New Jersey employees in disputes with their governmental employers. The Winters Doctrine As I wrote in a previous post, in 2012 the New Jersey Supreme Court created a serious hurdle for public employees. In the case of Winters v. North Hudson Regional Fire…