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…
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…
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…
In New Jersey Civil Service, hiring and promotion are done in accordance with the applicant’s (or “eligible’s”) rank on a list. There are specific reasons why an applicant may be removed from a Civil Service list. However, sometimes removal is done because of favoritism, nepotism, politics, discrimination, whistleblower retaliation, cronyism,…
The Appellate Division of New Jersey’s Superior Court recently examined the use of the “Rule of Three” in New Jersey civil service list bypass appeals in the case of In the Matter of Antonio Salters, Fire Fighter, Township of Hillside. Background Salters applied to become a firefighter for the…
Under New Jersey employment law, criminal charges can have a significant impact on government employment beyond the penalties carried by the criminal charges themselves. These effects impact both civil service and non-civil service employees. Suspensions While Criminal Charges Are Pending First, a public employee may be suspended while criminal…
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…
New Jersey civil service law provides significant protection for employees serving in civil service jurisdictions which other employees, even other government employees who are not in the civil service system, do not enjoy. Layoffs. A layoff is the cessation of a permanent employee’s employment for economic reasons or efficiency, triggering…
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…