Legal Question in Employment Law in New York

I am a New York State union employee who was promoted in 2007 to an Assistant Director position. I have yet to be paid for the promotion despite functioning in that capacity for the past 4 years. In my state, employees are assigned grade levels. This position was a 2 grade promotion. The method of obtaining the promotion was by reclassifying my item, thereby converting it to make it 2 grades higher. That meant there would be a period of time between when I took on the responsibilities and when I received the raise. Reclassification entails writing a justification document. It was portrayed to me as a mere formality. Typically it takes a few months to complete the process through the red tape. Once the process is completed, my item would have the new grade level and 4.5% raise to start. Based on the verbal agreement with the Bureau Director (there are no written contracts for promotions) and several witnesses, I agreed to take on the responsibilities while the paperwork was run through the red tape.

I have the following as proof of their intent and promise:

-email from my supervisor asking me to write the reclass justification myself, and she provided me with other documents upon which to model mine.

-email from my supervisor a couple weeks later requesting the document and stating that reclassifications are going through quickly at this point in time.

-the final reclassification document

-email from my supervisor, 1-1/2 years later stating my reclassification was the Division's highest personnel priority.

-document 3 years later showing my reclassification as needing to me done.

-outstanding performance evaluations detailing my work and showing that I am performing these duties.

-org chart from this year showing me in the position; the chart ties directly back to the reclassification document in that they both show the Assistant Director (me, though not officially having that designation yet) with the same number of subordinates.

-the 3 people that would need to have signed off on the reclassification, including the Bureau Director that first approved it, were embroiled in separate scandals that resulted in their forced retirements in 2010. They have not been replaced, presumably due to the economy.

Obviously I have been used. If I walked in and demanded to be relieved of these duties, the opportunity would permanently evaporate, though it probably already has. I am within 4 years of retirement. I have been performing these duties since 2007. One of my subordinates is the same grade as me and makes more money.

Do I have any legal recourse or standing? I would be happy with just getting the official promotion and money now. I wouldn't be looking for the $31,000, by my calculations, that I deserve in back pay for services already rendered. Also, if I live 25 years in retirement, not getting the promotion will rob me of at least $110,000. This has been emotionally and financially devastating.


Asked on 10/22/11, 8:40 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Your union should be helping you here. File a grievance, do something to protect your rights. They take your dues, and should represent you.

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Answered on 10/23/11, 4:50 pm


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