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…
New Jersey Lawyers Blog
On the Importance of Well-Written Settlement Agreements in New Jersey Civil Service Disciplinary Actions
The Appellate Division recently issued a New Jersey employment law decision in the case of Levis v. City of Hackensack which should be instructive to New Jerseycivil service employees settling disciplinary charges. Background Richard Levis was a lieutenant on the Hackensack Police Department a civil service jurisdiction. He filed…
Court Explains De Facto Employee Law for New Jersey Government Employees
Under the New Jersey public employment law and Title 18A of New Jersey statute, which governs New Jersey employment law for public school and public college employees, if an employee is actually performing the work of a particular position, even though they are designated in another, they must receive the…
New Jersey Civil Service Classification Appeals
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. …
Some Administrative Details About the New Jersey Civil Service System
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…
New Jersey’s Civil Service System – Merit, Not Politics
Some complain that civil service hinders efficient government. Managers object that it limits their ability to run their organizations by hiring, firing and imposing discipline as they believe best. Citizens argue it makes it too hard to get rid of “bad apples.” Employees believe it makes promotions and transfers too…
Choosing the Right Form of New Jersey Business Entity
New Jersey business law gives owners the ability to choose between different forms of entities to meet their particular concerns. The choice is important and has long lasting effects. Below is an overview of the basic types of business entities allowed by New Jersey business law. General Partnership A…
New Jersey Law Against Discrimination Prohibits Termination Influenced by Subordinate’s Gender Bias, State Supreme Court Rules
In an important New Jersey employment law ruling, the State Supreme Court held that an employer’s decision to terminate or otherwise take action against an employee influenced by the discriminatory bias of a subordinate, rather than the decisionmakers themselves, nonetheless violates the New Jersey Law Against Discrimination. Background: Meade’s…
Corporations and LLCs: If They’re Good Enough for a Lawyer….
Owners often choose to form their businesses as corporations or limited liability companies under New Jersey business law. The case of Colonial Records Storage, LLC v. Simpson, where a creditor tried to get individual liability against a lawyer who was a shareholder in a law firm operating as a corporation,…
Employment Law Decision Shows Law Enforcement Applicants Get a Fair Hearing From the New Jersey Civil Service Commission in Psychological List Removal Appeals
A recent appellate New Jersey employment law decision in the case of In the Matter of F.S., Police Officer (S9999U), City of Jersey City outlines the procedures for appeals by applicants who were removed from a list of eligible candidates for civil service law enforcement or firefighter positions for psychological…