Plaintiff did not waive her right to seek remedies under Civil Service Law §75-b merely as a result of her filing a prior federal complaint in which she sought, inter alia, relief under both New York's Labor Law §740 and New York's Civil Service Law §75-b nor was plaintiff required to exhaust her administrative remedies under the applicable collective bargaining agreement prior to commencing this action as "[t]here is no need to exhaust administrative remedies when the cause of action by the plaintiff is not governed by the collective bargaining agreement."
Click HEREto access the Appellate Division's decision.
The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE.
A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE.
Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE.
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HERE for more information.