Articles Posted in Civil Service Law

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Hiring New Jersey Municipal Police Officers and Firefighters

New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes.  These local first responders play critical roles in our society.  New Jersey employment law therefore closely regulates the hiring process to ensure that New Jersians are served by…

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All Employers Required to Provide New Jersey Disabled Employees With Reasonable Accommodations So They Can Do Their Job

New Jersey’s Requirement for Employers to Provide Reasonable Accommodations for Disabled Employees New Jersey’s Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination because of an employee’s disability.  New Jersey civil service law also prohibits discrimination because of an employee’s disability.  These laws require…

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Limits of Progressive Discipline in New Jersey Civil Service Law Addressed by Appeals Court

Progressive Discipline Progressive discipline is a principle followed in New Jersey employment law, in both civil service and non-civil service jurisdictions, including public schools.  In progressive discipline, a public employee’s prior disciplinary history will be considered in determining the appropriate penalty for disciplinary violations.  Thus, a government employee with a…

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NJ Appeals Court Confirms Government Employees Can Only Litigate Employment Claims in One Forum

New Jersey public employees have multiple venues to litigate employment claims against their government employers.   Forums Available to New Jersey Public Employees New Jersey government employees can sue in New Jersey state court, beginning with the Superior Court of New Jersey which sits in each county, for violation of…

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Is It Worth Appealing New Jersey Civil Service Discipline?

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…

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Limits of Progressive Discipline in New Jersey Civil Service Addressed by State Supreme Court

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…

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New Protections of New Jersey Wage and Hour Law and New Jersey Wage Payment Law Apply Prospectively, Supreme Court Rules

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…

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State Cannot Prohibit Government Employee From Discussing Investigations of Harassment and Discrimination Complaints

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…

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New Jersey Supreme Court Limits Non-disparagement Agreements in Settlement of Discrimination Lawsuits

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…

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New Jersey Civil Service Law Allows for Removal of Applicant from Hiring List for Negative Employment History, Appeals Court Says

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…

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