Police officer discipline has significant ramifications under New Jersey employment law, whether the officer is in a civil service or non-civil service police department. These extend beyond the ramifications of discipline for other public and private employees in New Jersey. The Appellate Division of the New Jersey Superior Court recently…
A Federal Appeals Court’s recent precedential decision in the case of Gibbs v. City of Pittsburgh may have profound implications for New Jersey civil service appeals from psychological disqualification of law enforcement officer applicants. Background Christopher Gibbs applied to be a police officer with the Pittsburgh, Pennsylvania Police Department. …
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…
Background In the wake of the death of George Floyd, New Jersey Attorney General Gurbir S. Grewal issued two directives amending New Jersey’s Internal Affairs Policy and Procedures (commonly referred to as the “Attorney General Guidelines” or the “IAPP”). The thrust of these directives is to allow for the disclosure…
A recent appellate decision in the case In the Matter of Christopher D’Amico, City of Plainfield Fire Department demonstrated once again that New Jersey civil service employees have an effect means of redress for when they are wrongfully disciplined. The D’Amico Case Christopher D’Amico passed the New Jersey Civil…
Employment Law Evidence Issues Our employment lawyers represent employees and employers in all aspects of New Jersey employment law. One of the most litigated issues is the evidence which an employee must present to demonstrate that retaliation or discrimination was behind an adverse action, such as firing or demotion. The…
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…
New Jersey employment law provides that government employees may be fired for conviction of a crime, and for many crimes they must be fired. However, if they are exonerated they may be reinstated to their position. They may be subject to further discipline, but if they are not they may…
In the tough economic times brought on by COVID-19, many governors and mayors, including New Jersey’s Governor Murphy, have said that widespread layoffs may be necessary if federal assistance is not forthcoming. Our attorneys represent New Jersey Civil Service employees, and we see the struggles they are facing. Given this,…