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White Plains Employment Attorney Discusses Having a Protected Civil Service Position Abolished Before Retirement

On Behalf of | May 16, 2016 | Uncategorized

As an experienced White Plains Employment Attorney, I often have municipal employees come to our practice.  We all know that today in the municipal setting that budget is everything and all municipal entities are looking for ways to cut their expenditures. We have heard questions and situations involving abolition of civil service jobs, and these are protected jobs where the only way you can get rid of that person is to bring them up on charges or to abolish the job.  There are even situations where people have come to us after a lifetime in a job almost thirty years in a job where that protected position is abolished. The employee can collect maximum pension under the law at age 55 having given 30 years of service. The question now becomes, what can be done to challenge that?


In the state of New York a good faith abolition of the job is permitted, but the issue is whether there was a good faith abolition of the job; there are times when the abolition of the position is attained because of the animosity between the new boss and the employee. In those situations, one can commence a special proceeding in state supreme court, it’s an article 78 proceeding and its pursuant to a particular provision of law to challenge the municipalities decision.


Are you afraid your civil service position job will be abolished?  Contact experienced White Plains Employment Attorney Jane Gould for guidance.

This informational blog post was provided by Jane Gould, an experienced White Plains Employment Attorney.