Feerick Nugent MacCartney Achieves Victory for Client in the New York State Court of Appeals

Feerick Nugent MacCartney Achieves Unanimous Decision of the NYS Court of Appeals in Favor of Client on Public Employment Matter

May 2023:   Feerick Nugent MacCartney continues its success on behalf of municipal clients in public labor relations matters.  Recently, the firm represented a municipal client in the New York State Court of Appeals and successfully argued that the law in the State of New York does not allow exempt class employees to be protected from at-will termination by a collective bargaining agreement provision.  The Court of Appeals unanimously reversed the Appellate Division, Second Department and the lower court, confirming that the public policy and statutory law of New York State prohibits such job protections for exempt class employees who are not required to take any civil service examinations or demonstrate qualifications when they are appointed.

A copy of the NYS Court of Appeals decision can be found here.

Brian D. Nugent,  Matthew Lizotte and Alak Shah argued the case to the New York State Court of Appeals.