NYS Ex-Correctional Officers Can Be Rehired by Counties After Ban Reversal

By David LaGuerre

A Labor Dispute With Far-Reaching Consequences

The recent decision to allow New York State’s fired correctional officers to seek employment with county agencies marks a significant shift in the state’s approach to labor relations and public safety. What began as a dispute over working conditions has evolved into a complex legal battle with implications for prison staffing, county governance, and the rights of public employees.

The Strike That Started It All

In February 2025, over 2,000 New York State correctional officers participated in a 22-day strike, protesting unsafe working conditions, chronic understaffing, and mandatory overtime in state prisons. While their grievances were legitimate concerns shared by many in the corrections field, their chosen method of protest came with severe consequences.

Understanding the Taylor Law: The Legal Foundation for the Firings

The striking officers ran afoul of New York’s Public Employees’ Fair Employment Act, commonly known as the Taylor Law. Enacted in 1967, this landmark legislation:

• Grants public employees the right to unionize and collectively bargain
• Establishes procedures for resolving contract disputes
• Explicitly prohibits strikes by public employees
• Imposes penalties including termination for workers who participate in illegal strikes

The Taylor Law was created to prevent disruptions to essential public services while still protecting workers’ rights to organize. For correctional officers, who are responsible for maintaining security in prisons, the prohibition against striking reflects the critical nature of their role in public safety.

“The Taylor Law represents a balanced approach to labor relations in the public sector,” explains Dr. Maria Hernandez, professor of labor relations at SUNY Albany. “It acknowledges the right of workers to organize while recognizing that certain public services cannot be interrupted without endangering community safety.”

Despite a settlement addressing some of their concerns, many officers failed to return to work by the state-mandated deadline, leading to their termination under the provisions of the Taylor Law.

Governor Hochul’s Controversial Executive Order

In response to the mass terminations, Governor Kathy Hochul took the unprecedented step of issuing an executive order that:

• Barred state agencies from rehiring the fired officers
• Temporarily prohibited county agencies from hiring them
• Required decertification of the officers as peace officers

“These individuals deliberately violated state law and abandoned their posts, putting public safety at risk,” Hochul stated when announcing the order. “Their actions demonstrated a disregard for their sworn duty and the rule of law.”

The governor’s office cited the need to maintain accountability and uphold the Taylor Law as justification for the hiring ban. Critics, however, viewed the measure as unnecessarily punitive and an overreach of executive authority.

Counties Fight Back: The Legal Challenge

The executive order soon faced legal challenges from counties grappling with their own staffing shortages in local jails. Chemung and Oneida counties filed lawsuits arguing that the governor had exceeded her authority by dictating county hiring practices.

“Counties have the right and responsibility to make their own personnel decisions based on local needs,” said Oneida County Executive Anthony Picente. “Many of these officers have years of valuable experience that our facilities desperately need.”

The counties also pointed to the broader context of a corrections staffing crisis that had necessitated the deployment of National Guard troops to fill gaps in state prisons during the strike.

Reversing Course: The End of the Hiring Ban

Facing mounting legal and political pressure, Governor Hochul announced that the hiring ban would not be extended beyond April 9, 2025. The reversal represents a compromise position that:

• Allows counties to hire the fired officers at their discretion
• Requires the officers to complete state-mandated training within one year
• Maintains the prohibition on rehiring by state agencies

“We’ve heard the concerns of our county partners while ensuring appropriate consequences for violations of the Taylor Law,” a spokesperson for the governor said. “This balanced approach upholds the principle that strikes by public safety officers cannot be tolerated while acknowledging the staffing needs of local facilities.”

Implications for Public Safety and Labor Relations

The reversal of the hiring ban raises important questions about the balance between labor rights and public safety obligations. For progressive advocates, the case highlights the tension between supporting workers’ rights to fair conditions while acknowledging the special responsibilities of those in public safety positions.

“We need to address the legitimate concerns that led to the strike in the first place,” says Jean Martinez, director of the Center for Progressive Policy Solutions. “Mandatory overtime, unsafe conditions, and chronic understaffing create an environment where both officers and incarcerated people are at risk.”

The situation also underscores how the Taylor Law can leave public employees with limited options when traditional labor negotiations fail to address dangerous working conditions.

Call to Action: A More Balanced Approach

As New York moves forward from this controversy, we must demand more comprehensive solutions to the staffing crisis in our correctional facilities. This includes:

• Improved working conditions and competitive pay to attract and retain qualified officers
• Enhanced mental health support for correctional staff
• Regular safety assessments in all facilities
• Alternative dispute resolution mechanisms for public safety employees

Contact your state representatives today to advocate for these essential reforms. Only by addressing the root causes of the labor dispute can we prevent similar crises in the future.

FAQ: Understanding the NYS Correctional Officer Rehiring Situation

Q: Why were the correctional officers fired in the first place? A: The officers participated in an illegal 22-day strike that violated New York’s Taylor Law, which prohibits strikes by public employees.

Q: Can the fired officers ever work for New York State again? A: Under the current policy, state agencies are still prohibited from rehiring these officers, though county agencies may now employ them.

Q: Do the officers need additional training before being rehired? A: Yes, they must complete state-mandated training within one year of being hired by a county agency.

Q: Why did counties challenge the hiring ban? A: Many county jails face severe staffing shortages and viewed the ban as an infringement on local governance and an obstacle to addressing their personnel needs.

Q: Does this mean the Taylor Law is no longer being enforced? A: No, the Taylor Law remains in effect. The fired officers still face consequences for their strike, including permanent loss of state employment. The reversal only affects county-level hiring decisions.