As an experienced White Plains Employment Attorney, over the years we've had a number of employees in the municipal sector who come to us having been denied a promotion and sometimes they think the denial of promotion is based on their union activities. We counsel the employees that there are certain rules that govern promotion in the New York State Civil Service area and one can only be promoted in certain positions from a civil service certified eligible promotional list. The law requires that an employer promote one of the top three individuals on that list.
The fact that an individual is number one on the list and the employer chooses to promote individual number three on the list does not in and of itself give rise to a claim. What may give rise to a claim are other circumstances establishing some form of illegal motivation for not promoting that employee, and one such illegal motivation could be union activities. There are others including illegal discrimination, but failure to promote cases are very fact intensive, often extraordinarily difficult to prove, and again, we look at every fact and circumstance before we give the employee advice as to what to do in that situation.
Have you been denied a civil service position because of your union activities? Contact our experienced White Plains Employment Attorneys to fight for you.