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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110588
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is there anyone versed in NJ Civil Service rules for

Customer Question

Is there anyone versed in NJ Civil Service rules for employment? I have not had the opportunity to see a lawyer but another employee spoke with one and the advice was that we did not have a case until there is an action. Although the other employee and myself have similar situations they are different and not sure if he expressed my concerns to the lawyer. I have tried to read the Civil Service rules but it is very difficult as I cannot find my situation. Basically I have been in an "acting" title since May 2015, without the entity actively searching for a replacement and I was told I was doing a good job and promised the job. I have been sending correspondence to my "appointing authority" since January 2016 seeking permanence and then I sent weekly email during the month of May 2016 and June 2016 with no answer or reply from the appointing authority. At the end of June i filed what they call a desk audit to sort of "force" the appointment.. Within a week after this, a public posting went up on our employment board, web site and local tv station. I see this as retaliatory but that's another day. So with all that, I know a person that applied for the job, what happens if they hire this person and the desk audit approves the title? Just so you know there is a reverse discrimination complaint against this appointing authority and myself and the other employee I mentioned above feel retaliation as a result of the discrimination complaint. Oh I can go on an on but hope I got enough information out to you for now.
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the civil service rules, you cannot force them to give you the position/title, but you can through the desk audit force them to pay you back pay for the working out of classification for all the time you have worked out of classification. That is one separate issue. You need to demand your back pay from when you first started that job.
Separate issue is the discrimination and retaliation case. It is not retaliation to file to list the position once they realized you needed a desk audit, but it is retaliation if you can prove that the reason it was listed is because you were involved in the reverse discrimination claim.
So, in order for you to have a case if you do not get the position, you would need evidence that you did not receive the position because of one of two reasons. First, because you asked for back pay through a desk audit. Second, because you are pursuing a reverse discrimination.
So you do not have an easy case to prove and you would need to have your evidence to prove that one of those two reasons were the reasons that you did not get the position were the retaliatory ones above.
Customer: replied 2 months ago.
Don't understand? I thought that a desk audit was to determine if I am working in the wrong title and then they give me title when they discover I am doing the work. I filed a desk audit for myself. When our employer found out about this, he listed the title to the public. That in turn tells me he had no intention of hiring my but only using me to "stand in and act" for over a year and a half. Then the suit comes in to play.......the employee is my employee who is the basis of the suit of the discrimination case. The employer forced this person into position under my direction. Although I did not do the interviews myself, a supervisor of mine did, he did not get his choice of worker, he got this other girl whom the employer chose. This in turn prompted the first choice applicant (who is already employed within the organization and not under my supervision) and along with three others to file this reverse discrimination suit of hiring Hispanic unqualified people. I am sure my invovment with the suit is somewhere simply because I am the department head (or acting whatever).
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply
Actually, a desk audit is designed to see if you are working in the wrong title and you are entitled to pay for the amount of time you have worked in that position, but that does not mean you are entitled to the position itself. So you are entitled to the pay in the position for certain for the time you were in that position.
However, if it is a competitive position, the employer can select anyone they choose for that position UNLESS it is done in retaliation for you exercising some right. So your claim here is you were not selected based on you calling for the desk audit and as such you were retaliated against for doing so, but you bear the burden of presenting actual evidence to show the sole reason you did not get the position was because you made the request for desk audit.
This is why the other attorney told your co-worker there was no case, the case is extremely difficult unless you have evidence.