Employee Discipline

There are specific rules and regulations that an employer must follow when disciplining employees. In the public sector, there are several laws that govern discipline, 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 the procedures for discipline, from serving charges through due process to penalty. The parties’ collective bargaining agreement may also supplement these laws or provide alternative recourses.

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 provide rights for workers and management obligations. An employer must follow their own internal rules in addition to the collective bargaining agreement when making determinations regarding employee discipline.

Employee discipline, particularly if the penalty sought is termination, can be complex and even emotional. Our attorneys work closely with clients through every stage of the process, including investigating charges, exploring settlement opportunities, and preparing a thorough and zealous defense.

We have a great deal of experience handling employee discipline. If you are being disciplined, you should confer with your union. If they are unable to assist you, please contact us to schedule a free consultation.