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I was accused of something that I didn't do, and was forced into resigning from my job with the NYPD. Can I sue for my job back?

New York, NY |

I was accused of wrongdoing and was subsequently forced into resigning from my position, or face termination, and I got almost no support from the union. Every lawyer that I speak to tells me that I need to find a lawyer that deals with government agencies because there are different laws regarding them, but they are hard to find. Can anyone point me in the right direction?

Attorney Answers 3


The law firm of Zatuchni & Associates seems to have a similar lawsuit against the NYPD:

Perhaps you can contact them? Alternatively, I'd be happy to discuss the case with you.

Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation. Merchant Law Group LLP:

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What happened to the allegation? Was it dropped in exchange for your resignation? If yes, my gut reaction is that you have an uphill battle.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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The courts have held that a resignation by a public employee as a result of the filing of charges of incompetency or misconduct, or when tendered under the threat of such charges being filed, may not be annulled as having been obtained by coercion. However, the employer is not immune from claims of coercion. Any egregious acts or threats could taint a resignation and the underlying disciplinary proceeding. Keep in mind that even if resigning, unless the employer decides to drop the charges, it can proceed and still have the finding for misconduct on the former employee's record. As to your specific question looking for an attorney to assist you, I suggest you canvas attorneys in Avvo who practice in the field of public labor law. There are a number practicing in NYC who would be happy to assess your case.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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