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California State Employees: Should You Appeal Your Dismissal through State Personnel Board Hearing?

10/20/2012

7 Comments

 
Employees of California State agencies and some other public employees have certain appeal rights with regard to a disciplinary action or employment termination they might facing, which includes a hearing in front of the SPB board. This kind of hearing has four distinct advantages over bringing a lawsuit in court over the same issue/termination. First, the SPB hearing process is much quicker. You don't have to go through discovery, be deposed, wait for trial date and face a number of other phases in litigation that can easily make the process last well over a year. You are likely to have your full evidentially hearing in front of the SPB within just a few months or even sooner. Secondly, the SPB administrative law judge, beyond awarding backpay, can also order your reinstatement, if you were terminated. On the other hand, reinstatement is not a remedy that's generally avilable in court. You may be awarded damages for lost wages and emotional distress in court, but no judge or jury can force your employer to take you back to work. Further, the SPB hearings are free of charge, while litigation can be costly, although it depends on the nature of your case and the arrangement you have with your attorney. Finally, unlike in court, where the burden of proving the case is at all times on the aggrieved employees, at the SPB hearings the burden of proof is generally on the employer (except AWOL cases and a limited number of other exceptions).

The SPB hearings also have major disadvantages: if you have a strong discrimination case and you lose your SPB hearing for whatever reason, that decision will be binding on any subsequent discrimination lawsuit, unless you set aside the adverse SPB decision through Writ of Mandate - a process which will significantly delay going straight to court and filing a discrimination lawsuit.  

So, when should you appeal your termination through SPB first and when is it better to skip the SPB hearing and file a lawsuit in court? While there is no clear cut answer or a definitive rule to always know what's the best way to handle your situation, the following "classic" examples should provide you with a useful guideline:

* If your discipline or termination is not based on unlawful discrimination based on a protected classes, and it involves whether you were terminated for just case, or whether your termination was imposed fairly, then you should definitely appeal your dismissal through SPB, because you probably don't have a basis to sue in court anyway. You will have all the more reasons to to trough the SPB process is you are interested in keeping your job and being reinstated. The more witnesses you have that will support your side of the story, the more chances you have to prevail at the SPB hearing. 

* If, on the other hand, you believe you have a strong discrimination case based on disability, race, etc... and especially if your termination involves a more complicated ADA issue, such as
failure to provide reasonable accommodations, retaliation for asserting disability rights, etc.., you are better off skipping the SPB process and not risking forfeiting your rights to sue for wrongful termination based on discrimination in court becasue of the adverse SPB ruling. 

For more information on public employee rights in California, please visit our
Sacramento Labor and Employment Law Blog.

7 Comments
Wilanda
3/1/2017 04:16:10 pm

I was terminated in 2015 for medical discrimination do I have legal rights to revisit my termination with the state of CA

Reply
Jason Martinez
3/15/2022 04:44:02 pm

I worked for CDCR for almost 15 years & lost my SPB hearing & was terminated the end of January 2022. I feel that I was help to a policy that was incorrect & the Sgt, that testified on behalf of the State & the institution lied saying he knew the policy, he trained staff in the policy but was never my Sgt in the facility my incident happened. Also 35 days after my incident they changed the policy in writing saying g everything I was to be doing but the old policy never said any of that. I have questions but don't know if fighting for my job is worth the time & money. I hear from staff it is. If you can I would love any info & how to appeal my SPB decisions.
Thank you

Reply
Sherry
3/17/2022 04:31:53 pm

Jason, call the union. From what I’ve heard, you are entitled to be represented by the union attorneys even if you were not a paying union member. I would definitely appeal with SPB. It’s an added benefit of being a state employee that is not afforded to private sector employees. If SPB sides with CDCR you’ve lost nothing. If you don’t appeal, later you may wish you had. Good luck!
I was fired from CHP for refusing to test weekly for COVID. I’m researching my legal protections too and came across your post.

Reply
Pinkham & Associates link
7/16/2022 12:33:22 pm

The more witnesses you have that will support your side of the story, the more chances you have to prevail at the sbp hearing. Thank you, amazing post!

Reply
Moshtael Family Law link
7/16/2022 12:54:14 pm

Finally unlike in court, where the burden of proving the case is at all times on the aggrieved employees, Thank you for making this such an awesome post!

Reply
T. Lopez
11/23/2022 01:07:49 am

I’m writing this note to see if I can get any type of help with an issue I’m having. I was terminated from SPB. And I had the union represent me, but they didn’t do much.I later found out a bunch of things the union did wrong and how they didn’t have some witnesses show up. They didn’t give me my evidence binder until after the first day. I did more investigation myself went through OCR/OIA and I can prove that I Deputy Director lied to the EEOC about me, and when I did file my complaint through OCR/OIA I had the same deputy Director put in charge of mine complaint and it’s just went no where. I also have whole bunch of stuff. I found out on my own how the department lied, falsify documents and try to cover all up.

Reply
Paramjit virk
9/15/2023 12:58:36 pm

I need attorney to file a case against cdcr

Reply



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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
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    • Unpaid Medical Bills
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    • How To Find The Right Lawyer For Your Case