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…
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…
There are many differences between New Jersey employment law which applies to all employees in both the public and private sectors, and New Jersey civil service law which applies to permanent, career service government employees in civil service jurisdictions. Generally, New Jersey civil service law provides more protections to public…
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…
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. …
A recent New Jersey employment law decision by the Appellate Division of the State Superior Court in the case of Matter of Brian Clancy, illustrates the procedures – and some of the pitfalls – of appeals from the removal of candidates from civil service eligible lists. Background: Removal from…
A recent New Jersey employment law decision in the case of In the Matter of Wilfred Guzman, Rockaway Township Police Department, examined what penalties are available against a New Jersey civil service law enforcement officer. Background Wilfredo Guzman was a police officer with the Rockaway Township Police Department, a…
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. …
Discipline is a major component of New Jersey’s Civil Service system. Discipline under New Jersey Civil Service law is either “major” or “minor.” Major Discipline The main procedural consequence of the difference major discipline and minor discipline is that major discipline can be appealed to the New Jersey Civil…
There are many people who complain that Civil Service is a terrible hindrance to efficient government. Managers complain that Civil Service rules hinder their ability to run their organizations by hiring, firing and imposing discipline as they believe is best. Citizens often complain Civil Service makes it too hard to get…