With regard to discipline, labor and employment law can seem confusing and contradictory to individual employees. Our experienced attorneys can answer any question.
There are specific rules and regulations that an employer must follow when disciplining employees. When someone gets suspended without pay, transferred or demoted, or if the company is seeking termination, the proper laws must be followed.
At Greenberg Burzichelli Greenberg P.C., our attorneys have more than 50 combined years of experience representing employees and labor unions through a wide range of disputes regarding labor and employment law. Employee discipline and wrongful termination can become complex issues depending on the situation and the emotional component that is usually attached.
In the public sector, there are several laws that govern discipline in addition to an employment contract, including:
- New York State Civil Service Law § 75
- New York State Town Law § 155
- New York State Village Law § 8-804
- New York State Education Law § 3020-a
These laws detail how discipline and charges should be handled for employees in the public sector. Progressive discipline including suspension and dismissal from the department is detailed in these laws. Our firm has a great deal of experience handling these issues from responding to charges to the appeal of a decision.
In the private sector, the union’s collective bargaining agreement usually contains protections for employees in connection with discipline. Employers may also have company manuals that are an invaluable source of rights for workers and management obligations. It is important that an employer must follow their own internal rules in addition to the collective bargaining agreement when making determinations regarding employee discipline.
Part of what Greenberg Burzichelli Greenberg does involves engaging in settlement discussions. The members of our firm are accomplished and skilled both as trial lawyers and negotiators. Our clients rely on our professionalism and knowledge of the law to a successful resolution.
If you have questions regarding labor and employment law, contact Greenberg Burzichelli Greenberg P.C. to schedule a consultation.