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Will NYS Court of Appeals uphold government employees’ due process protections?


Originally published by Teachers for Choice on Substack.

BROOKLYN, New York — Teachers for Choice is issuing a call to action for all New York workers and union members.

On September 11, 2024, the New York State Court of Appeals will hear oral arguments on the fundamental question of employee due process. Should government employees receive their statutory and legal due process, or is the government employer allowed to ignore state law during a public health crisis?

In 2021, the Commissioner of the Department of Health and Mental Hygiene issued a city order announcing a mandatory vaccine mandate for New York City employees that conflicted with state law and their employment contracts. This mandate was passed without a legislative process and was implemented to superseded state due process laws and contractual obligations. The basic, most fundamental legal question is what controls a municipal mandate or state law. All of the lower Courts believe that New York City as an employer can ignore state due process laws in the face of a public health issue.

Attorney Jimmy Wagner is representing plaintiffs in this critical case. You can hear Wagner speak to the merits of the case on a CHD TV interview you can find here:

Contact: Michael Kane, Teachers for Choice

Email: teachersforchoice@substack.com

Website: teachersforchoice.org / teachersforchoice.substack.com

Date and Location: September 11, 2024, 2:00pm, 20 Eagle St. Albany NY, 12207

Additional information:

“If you are interested in reserving a FREE SEAT on a bus to Albany please email teachersforchoice@substack.com Subject line BUS TO ALBANY. We will have pick up stops in Suffolk, Nassau County, Queens, and Brooklyn. Please state which location you want to pick up the bus and we will reserve seats for the first 50 people who email us.

Bus pick up starts at 8am in Suffolk.”