December 31

NYPD Disqualification Appeals

Matter of State Div. of Human Rights on Complaint of Granelle, 70 N.Y.2d 100, 103, 510 N.E.2d 799 (1987).

In this case, Mr. Granelle was disqualified from employment as a NYPD Police Officer because of an asymptomatic back condition known as spondylolisthesis. The State Division of Human Rights found in his favor, but the Appellate Division dismissed his complaint. But the Court of Appeals reversed and held for Mr. Granelle.

The Division conducted an investigation and had a hearing before an Administrative Law Judge. During the hearing Mr. Granelle testified about his employment history, which consisted mostly of heavy lifting such as working in the construction industry, laborer, and as a truck driver. But he stated that he never had any back problems that interfered with his jobs. He also introduced evidence from his personal physician who testified that this condition if present in about 10% of the general population and that this condition would not limit Mr. Granelle. The City used the testimony of an appeals examiner that did not conduct an examination of Mr. Granelle but opined that there was a great likelihood of low back disability in the future, but gave no reliable statics regarding this. Mr. Granelle was examined by an independent orthopedist who reported that his strength was normal.

The standard of review for the Court of Appeals is “when a rational basis for the conclusion adopted by the Commissioner is found, the judicial function is exhausted and is limited to determining whether the Commissioner’s finding of employment discrimination in this case is supported by substantial evidence in the record.” The court found that Mr. Granelle indeed suffers from a disability within the law. Under the statute there is an ”individualized standard“ such that the employer must demonstrate that the disability is such as would ”prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought“, failing which, the disability may not be the basis for rejecting the applicant. The court reasoned that the City failed to show evidence that Granelle isn’t able to presently perform the tasks needed. The City argued that there was a high possibility that he would be unable to perform the needed tasks in the future but there was no reliable statistics. Ultimately the court held, “employment may not be denied based on speculation and mere possibilities, especially when such determination is premised solely on the fact of an applicant’s inclusion in a class of persons with a particular disability rather than upon an individualized assessment of the specific individual.”

I am a successful civil service attorney with 18  years of experience.  I have many clients who are currently working as NYPD Police Officers because I helped them win their disqualification appeal. I can help you too.

If you have questions about your appeal and would like to schedule a free consultation please do not hesitate to call me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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December 29

NYPD Psychological Disqualification Appeal

There is a two step appeal process…

The first appeal is to the NYPD who will review the appeal package you submit. In the case of psychological disqualifications you may get a second psych interview.

We are here to assist you if you receive a NYPD disqualification. Call (516) 248-0040 or email: kevin@sheerinlaw.com

If you receive a second psych interview it is best to prepare with an expert. The main issues that will come up in the second psych interview are obvious.

The next step in the appeal process would be a Notice of Disqualification which would be appealed to the NYC Civil Service Commission. The Commission holds hearings to determine if your disqualification was improper.

When you are disqualified, that disqualification will NOT be reversed unless you choose to take action. I have been assisting disqualified NYPD, FDNY, DSNY, NYC DOC candidates for 18 years.

Each appeal is different, as your history of school, work and personal relationships is different.

I offer a free ZOOM, phone or in-person consultation. Feel free to call me at 516-248-0040. I would be happy to speak with you to see if I can help you with your appeal.

Call 516-248-0040 or email me at kevin@sheerinlaw.com

I am a successful civil service attorney with 18  years of experience.  I have many clients who are currently working as NYPD Police Officers because I helped them win their disqualification appeal. I can help you too.

If you have questions about your Disqualification and would like to schedule a free consultation please do not hesitate to call me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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December 22

NYPD Character Disqualification

Factors considered in NYPD Character Disqualifications:

When appealing a NYPD character disqualification what are the factors considered?

Frequency of violations or infractions, such as arrests, moving violations or other incidents such as school discipline or work discipline. If you were suspended or expelled from school this would work against your NYPD Police Officer application. Also, if you were late or disciplined at your job this would be a problem in your application. If you were terminated from one or more jobs without a good explanation this also would be something you would have to explain.

Severity of violations or infractions. If you were arrested and charged with crimes, such as felonies or misdemeanors, that would be something you would have to explain on appeal. If the disposition or final outcome of your case was dismissal or a lesser charge that could help you in your appeal.

The recency of your last violation or infraction is also important in your NYPD character appeal. If it has been a decade or even five years since your last infraction that could help you, as it shows the New York City Civil Service Commission that you have changed your behavior for the better.

The three categories do not stand alone – they are considered together in your appeal.

As a civil service appeals attorney with 18 years experience, I have helped many NYPD candidates win their disqualification appeal. I can help you too.

If you have questions about your NYPD Character Appeal and would like to schedule a free consultation at my Mineola office please do not hesitate to call me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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November 3

NYPD Psychological Disqualification – 2nd Interview

There has been an increase in NYPD Notice of Proposed Disqualification (NOPD) emails going out to candidates. On a good note, if you receive one of these emails the success rate following second interviews has increased recently at the NYPD Psych Services Units located in Lefrak City in Queens, as well as the alternate location in Brooklyn.

You need to file a Disqualification Appeal in order to get this opportunity. When you receive the email, it will state that you have 30 days to appeal.

I offer free phone and ZOOM consultations for those who have questions about the appeal process and their chances based upon their history and the original psychological interview with the NYPD psychologist. If you do not appeal, your chances of winning an appeal later on in your life after another examination are greatly reduced.

The fact that there is an appeal process shows that hiring agencies can be wrong in judging character and psychological suitability of candidate. The appeal process also shows that a second interview with a senior or reviewing psychologist can find that the reason and/or rationale cited by the original interviewing NYPD psychologist was misplaced or wrong.

Also a reviewing NYPD psychologist can find that the testing scores on instruments such as the Minnesota Multiphasic Personality Inventory (MMPI) and the California Psychological Inventory (CPI) have been misapplied or misused by the interviewing psychologist.

RECENT CLIENT REVIEWS AFTER A SECOND INTERVIEW:

November 1, 2020 – “Kevin helped me in my appeal and my disqualification was reversed after a second interview and now I’m going in to the NYPD class of Nov. 2020 class. The process went really fast and the experience was great!”
Steven G.

March 24, 2020 – “Kevin helped me get my disqualification reversed after a second interview.”
Anne L.

March 11, 2020 – “I was disqualified and got a second interview and prepared with Kevin Sheerin in his office and my disqualification was reversed.”
Jeff J.

August, 2020 – “My experience with Mr. Sheerin was great from start to finish. I contacted Mr. Sheerin when I first got my NOPD, and he got to work right away. With his help I was able to thoroughly prepare for my second interview with the NYPD, which was a success.”
Anthony R.

If you receive a Notice of Proposed Disqualification please call me at 516-248-0040 or email me at kevin@sheerinlaw.com

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November 2

NYPD Psychological Disqualification Appeal

NYPD Psychological Disqualification Appeal

18 years ago I helped a NYPD Police Officer candidate with their disqualification and won the very first appeal I ever had before the New York City Civil Service Commission. The candidate had made some poor decisions in life by using drugs during high school and being issued a summons for making graffiti.  Since that time I have helped many disqualified candidates win their appeals for various civil service jobs.

Part of the success I’ve had is working with candidates by telling the story of their life, their background and their issues to prove their psychological suitability or ability to perform the job despite some imperfection or issue.

It is so important to get the facts before you act. In order to get the facts, a client needs to be interviewed for a thorough, complete and accurate report of anything that forms the rationale for the hiring agency’s decision to disqualify them. In addition, there is document review, which requires an in depth interview and a careful reading of all information that constitutes the disqualification decision.

Understanding the appeal process is also important. Knowing what arguments will be compelling and decisive provides the best value to the client to assure the best chances of success.

One of my greatest rewards is hearing from a client that they have been successful.

Fortunately for candidates, the NYPD Psychological Disqualification appeal process lately has resulted in more reversals after a second interview at 1 Lefrak City Plaza in East Elmhurst, Queens. Preparation with disqualified clients has lead to increased percentages of reversals after the second interview. Tips and tactics and how to avoid the traps that could cause you problems are the main focus of the preparation.

It has been my pleasure over the years to assist disqualified candidates to open up and explain what has happened, and to take a deep dive into their past to understand not only the negative things but, also the positive things that make them a good candidate. This includes: 1) military veterans, including those who served in combat; 2) people who have overcome adversity in their life, including those with difficult upbringings and/or limited opportunities; 3) people who have struggled with learning disabilities, individual education plans (IEPs), Special Education, Resource Room, Dyslexia and Attention Deficit Disorder; and, 4) those who have used Attention medicines or have other challenges.

I believe you will be satisfied with your efforts to successfully challenge your NYPD Psychological Disqualification. This is a process that is already in place and there is no harm in filing an appeal. If you have a strong interest in law enforcement or the NYPD in particular, you will need to challenge the disqualification. Over the years, all of these successful challenges have proven that not every disqualification is correct.

If you receive a NOPD, YOU MUST ACT! Your disqualification will become final unless you appeal.

I would be happy to speak with you to discuss your disqualification.
Please call me at 516–248–0040 or email me at kevin@sheerinlaw.com

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