Long Island employment lawyer Peter J. Famighetti secured a sizeable settlement for a firm’s employment litigation client. The settlement amount totals just shy of $295,000 and was based on claims that the public employer violated constitutional due process and civil service laws. As discussed below, the case shows that Famighetti & Weinick PLLC is able to use a wide range of tactics along with its depth of knowledge of employment laws, to obtain quick and substantial results for clients, oftentimes without ever needing to file a lawsuit, as was the case here.
Public employees are employees who work for the state, city, town, or local government. Public employees can also be employed by quasi-government agencies or public benefit corporations, such as the MTA.
In New York, many public employees are entitled to job protections. These employees cannot be fired without cause and must be provided a hearing to determine whether cause exists. Further, the constitution requires that employees who enjoy these protections, must also be provided with a notice of charges and an opportunity to be heard on the charges, before a termination is made effective. Whether public employees are entitled to job protections can be a fact specific inquiry, dependent on whether the employee is subject to a collective bargaining agreement, the civil service title, the type of civil service appointment, and the employee’s job responsibilities and reporting hierarchy.