I am a non-union civil service employee of a BOCES in NY State. In my recent performance evaluation my manager wrote that I was seen on a certain date and time someplace other than my work place. I was working in a school district and my boss claimed some

Have you considered retaining an employment lawyer to help you?

I recently helped a civil service employee without threatening litigation or filing any lawsuits or charges. That client knew exactly how much an e-mail response would cost based on how long it was likely to be (1/2 page, full page, multiple pages - with flat rates for each one).

That particular client even offered, and did replenish, their retainer a couple times and was very appreciative when we concluded the matter. No litigation, no threats of litigation, and the matter was resolved as best as could be expected. The most amazing part - I never personally met that client (I have more of those every month).

FMLA is by no means a guarantee of continued employment. I have seen employees return from FMLA only to be told that while they were gone an audit was completed, misconduct was documented from times past, and an employee lost their job for legitimate, non-discriminatory reasons.

Although your facts appear defensible I have worked with civil servants whose supervisors have documented some unbelievable misconduct of their subordinates to either force retirement or threaten loss of benefits due to misconduct.

The smart move is often to spend a little money up front, try to keep your job, and save a whole lot more money in litigation costs and the uncertainty that goes with ADR or trial.

I usually encourage potential clients to shop around. Call several employment lawyers. Listen to what each one tells you. Decide whether you feel their comments helped you. Do they really care? Will they be available when you need them? Maybe start with a smaller retainer and see how it goes. If the lawyer is responsive and is helping you cope keep them on retainer. If not, find another employment lawyer.

Today, we often work almost 24/7. You may get a response at 7 AM or 7 PM including weekends. You feel like someone is by your side almost any time a question pops up.

Civil service jobs and for that matter any decent job is hard to find. Keep a good one while you have it or at least make sure to dot all your i's and cross all your t's while you still work there because trying to do so after you lose a job is often a big challenge and much more costly. Good luck.

posted by V Jonas Urba  |  Sep 24, 2017 1:55 PM [EST]