For many years, New York state public employers, including the city of New York, have regularly violated the New York State Civil Service Law. With impunity, public employers have flaunted the prohibition barring them from retaining provisional employees for more than nine months.
This illegal practice was recently highlighted in the New York Court of Appeals’ decision, Long Beach v. Civil Service Employees Association,[FOOTNOTE 1] which underscores that provisional employees are not entitled to any job protection. For the practitioner, the decision is an important reminder that provisional employees have sharply limited rights and few legal remedies available to them.
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