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?

Asked about 1 year ago - 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)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Daniel DeMaria

    Contributor Level 14


    Lawyer agrees

    Answered . The law firm of Zatuchni & Associates seems to have a similar lawsuit against the NYPD: http://www.zatuchniassociates.com/blog/2013/02/....

    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.... more
  3. Marco Caviglia

    Contributor Level 19


    Lawyer agrees

    Answered . 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... more

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