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Pay raise ORDERED!

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Bali Hai

Senior Member
What is the name of your state? NY

Your boss won't give you a pay raise? Not to worry, you don't have to work harder or quit your job.

Become a New York State Supreme Court Justice and all you need do is ORDER your boss to give you a raise!!

You can now see why these jerks feel so free to ORDER others what to do with THEIR money!!

http://www.forbes.com/feeds/ap/2008/06/11/ap5107149.html
 


Zigner

Senior Member, Non-Attorney
Yeah, I mean...who needs a pay increase after 10 years? Darn those greedy *******s! :rolleyes:
 

mistoffolees

Senior Member
Yeah, I mean...who needs a pay increase after 10 years? Darn those greedy *******s! :rolleyes:
While I agree with that, it does raise interesting constitutional issues. The article says that in that state the legislature is responsible for setting judicial salaries. Well, the legislature did so - and the judges didn't like it. So the judges have to file suit to air their grievances. But who is to judge that suit to avoid conflict of interest.

As far as I can see, there's no way for the judges to win in this scenario. 10 years without a pay raise is a long time (although, in fairness, the legislators went just as long). OTOH, how do you condone having the fox guard the hen house? When the judges file suit, they look like greedy jerks. So what would you do as a judge?
 

Bali Hai

Senior Member
Yeah, I mean...who needs a pay increase after 10 years? Darn those greedy *******s! :rolleyes:
If you don't like it QUIT!! That's what anyone else would be told!! Who the hell else thinks they have the power to ORDER their boss to increase their pay????
 

Zigner

Senior Member, Non-Attorney
If you don't like it QUIT!! That's what anyone else would be told!! Who the hell else thinks they have the power to ORDER their boss to increase their pay????
If the way in which the pay raises were determined were found to be illegal, yes, the bosses could be ordered to reevaluate it. I predict that the legislature will find a different (but likely equivalent) way to block the pay increases.
 

mistoffolees

Senior Member
If the way in which the pay raises were determined were found to be illegal, yes, the bosses could be ordered to reevaluate it. I predict that the legislature will find a different (but likely equivalent) way to block the pay increases.
It's not clear to me that this one is illegal, anyway. The legislature has the responsibility to set pay raises. They said that neither the judges nor the legislators get a pay raise. How does tying them together change the fact that it was the legislature set the pay raises?
 

Zigner

Senior Member, Non-Attorney
It's not clear to me that this one is illegal, anyway. The legislature has the responsibility to set pay raises. They said that neither the judges nor the legislators get a pay raise. How does tying them together change the fact that it was the legislature set the pay raises?
That would depend on the intricate details of their state law...
 

Bali Hai

Senior Member
That would depend on the intricate details of their state law...
NYS is an "at will" employment state, which means the judges are free to find other employment if they don't like the terms and conditions of their present job.

Conversely, they also may be terminated from their positions for just cause as determined by their EMPLOYER!! (The State of New York)
 

Zigner

Senior Member, Non-Attorney
NYS is an "at will" employment state, which means the judges are free to find other employment if they don't like the terms and conditions of their present job.

Conversely, they also may be terminated from their positions for just cause as determined by their EMPLOYER!! (The State of New York)
Actually, that's not what "at will" means. In fact, the second part of your "definition" is exactly the opposite of "at will"
 

xylene

Senior Member
Rolling my eyes so hard I have damged my optic nerve.

New York state judgeships are NOT "at-will employment"

They are civil service appointments.

Zinger is correct, this matter hinges on intricacies of NYS law and binding civil service policies.

The judges argument is quite simple.

The state's tying of jurist and legislator salaries amounts to a moratorium on pay raises. NYS civil service law and contracts have strict requirements on pay freezes. (it basically prohibits them: exceeding certain durations is not allowed, and if exceeded subsequent pay raises must be 'acclerated' to catch up the wage rate as hired. etc... pensions. )

This has happened many times, be it Troopers and Forest Rangers to janitors and health service aides.

The law must be internally coherent, as it is now it is not for Judges in NYS.

The judges merely struck when their iron was hot and the legislature cold.
 

Bali Hai

Senior Member
New York state judgeships are NOT "at-will employment"

They are civil service appointments.

Zinger is correct, this matter hinges on intricacies of NYS law and binding civil service policies.

The judges argument is quite simple.

The state's tying of jurist and legislator salaries amounts to a moratorium on pay raises. NYS civil service law and contracts have strict requirements on pay freezes. (it basically prohibits them: exceeding certain durations is not allowed, and if exceeded subsequent pay raises must be 'acclerated' to catch up the wage rate as hired. etc... pensions. )

This has happened many times, be it Troopers and Forest Rangers to janitors and health service aides.

The law must be internally coherent, as it is now it is not for Judges in NYS.

The judges merely struck when their iron was hot and the legislature cold.
Well it's about time to CHANGE that then isn't it?? i.e. do what REAGAN did to the air traffic controllers!!!

BTW, sorry about your eye.:D
 

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