New Jersey Lawyers BlogArticles Posted in Labor and Employment
McLaughlin & Nardi, LLC is Open and Ready to Help New Jersey Businesses During the Coronavirus Pandemic
Coronavirus be damned, McLaughlin & Nardi is open to help the people and businesses we served for years get through this crisis, and we’ll work with new ones too. This too shall pass, but in the meantime we are here to help you.
Governor Murphy has indicated that he will be shutting down all nonessential businesses. We think we are essential, but if he tells us to close our doors so we will, but we will not close our firm. We are set up to operate remotely, and will be fully functional to help you during this time of need.
New Jersey Civil Service Disciplinary Appeals
A main goal of the New Jersey Civil Service Act is to ensure that employment decisions are based on merit and fitness, and therefore to prevent discrimination, political cronyism, corruption and nepotism from being a consideration. Thus, the Legislature has given civil service 
employees the ability to appeal most employer imposed discipline to the New Jersey Civil Service Commission.
Right to Appeal Major Discipline to the New Jersey Civil Service Commission.
The New Jersey Civil Service Veteran’s Preference
Qualified candidates for permanent, career, classified New Jersey Civil Service 
employment who meet the Civil Service definition are eligible to receive a veterans and disabled veterans preference, which increases their ranks on eligible lists. The courts have explained that the purpose of the preference is to “reward those whose military commitments, commissioned or enlisted, were of such a nature and duration as to interfere substantially with an individual’s civilian status.”
Veterans Eligible for Preference
Not all “veterans”, as the term is generally used, are eligible for a New Jersey Civil Service preference. Only “veterans” and “disabled veterans” of certain military operations as defined by the New Jersey Civil Service Act are eligible. Thus, veterans of some military operations, such as, for example, Operations Earnest Will, Nimble Archer and Praying Mantis, in the Persian Gulf Region in 1987 and 1988, are excluded.
Civil Service Hiring, Eligible Lists, and the Rule of Three
Collectively, New Jersey state and local governments are the largest employer in the State. Most of these jurisdictions are governed by the New Jersey Civil Service Act. In New Jersey Civil Service jurisdictions, hiring, firing, promotion and discipline is governed by the Civil Service Act and Regulations. This makes the Civil Service System one of the most important elements in New Jersey employment law.
The Use of Eligible Lists in Hiring and Promotion
Candidates for initial hiring and promotion in the permanent, career, unclassified civil service are selected and appointed based on their 
placement on eligible lists (also referred to as “certifications”). There are five types of eligible lists: Open competitive lists, promotional lists, regular reemployment lists, police and fire reemployment lists, and special reemployment lists.
New Jersey Civil Service Testing and Examination Appeals
The key to New Jersey Civil Service hiring and promotion is the examination. The State Constitution and New Jersey Civil Service Act require merit-based appointments based, whenever possible, on examinations.
Announcements. The New Jersey Civil Service Commission is responsible for administrating examinations which fairly test applicants’ 
knowledge, skills and abilities for the job. Announcements are posted on the Commission’s website, and provided by the employer. Announcements include title, salary information, admission qualifications, filing information, and duties and responsibilities. No unannounced requirements can be considered. Applications must be filed by the announced date. The applicant must be a resident of New Jersey and the specified local jurisdiction, unless a different residency requirement is specified or there are not enough available qualified residents. Applicants for municipal law enforcement or firefighter positions must be under 35 for open competitive examinations, except that applicants under 45 may subtract prior law enforcement experience to meet the 35 year age requirement. Veterans may subtract their service from their age to determine eligibility.
Types of Examinations. Examinations may be written; oral; performance evaluation; physical performance tests; assessment exercises; and evaluation of education, training and experience. The goal is to objectively measure an applicant’s fitness and merit. Thus, while subjectivity in developing an examination is not forbidden, it must be limited.
Effect of Criminal Charges on New Jersey Civil Service Employees
Criminal charges against public employees can have serious consequences under New Jersey civil service law. In this post, we’ll examine 
some of those consequences.
Suspensions of New Jersey Civil Service Employees While Criminal Charges Are Pending
First, if a New Jersey civil service employee is facing criminal charges, she can be suspended while the charges are pending. The employee must be served with a preliminary notice of disciplinary action (PNDA). The PNDA must advise her that she may be subject to being fired if the charges are upheld, and that she has the right to consult with an attorney. The employee may request a hearing about the suspension. If no request is made within five days the appointing authority may issue a final notice of disciplinary action (FNDA). If the employee is charged with a third degree crime or higher, if she is charged with a crime of the fourth degree on the job, or if the charges are “directly related to the job,” the employee may be suspended indefinitely until the charges are resolved.
Selection And Appointment in New Jersey Civil Service
New Jersey Civil Service law establishes procedures for hiring and promoting government employees in New Jersey state and local 
government civil service jurisdictions.
Appointments
In Civil Service, “appointment” means getting a job, whether through initial hiring, promotion, transfer or otherwise. All initial and subsequent appointments must be submitted for review and approval of the New Jersey Civil Service Commission. The Commission will notify the employer of whether it has approved or disapproved the action, and the reasons for any disapproval. The employer then provides written notice to the affected employees.
Career And Unclassified Service, Allocation, and Desk Audits Under New Jersey Civil Service Law
How a New Jersey public employment position is classified can have enormous effects on an employee’s rights. This blog describes some of the details about how the New Jersey Civil Service Commission classifies New Jersey Civil Service jobs, and what the consequences of those
classifications are.
Some terms
Under New Jersey Civil Service Law, jobs are classified by “titles.” Titles are based on duties, responsibilities, and qualifications. “Career service” employees serve in “classified” titles, “unclassified employees” serve in “unclassified” titles.