LAW OFFICE OF ARKADY ITKIN
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state personnel board disciplinary hearings

Legal Representation of State Employees in SPB Disciplinary Proceedings    

State Personnel Board provides for a speedier, less costly and far more simple ways and procedures of resolving state employer-employee disputes than other avenues, including pursuing legal action in court. Another significant advantage, that unlike in court, at SPB hearings the employer has the burden of proof - in other words the employer has to prove (by proponderance of evidence) that the violations that they accuse the employee of took place. On the other hand, in court the employer doesn't have to prove anything and it's the employee's burden to prove that he or she has been discriminated, harassed, retaliated, etc. 

Having said that, it might be critically important to have legal representation at hearing or at a pre-hearing settlement conference to make sure that you put your best foot forward, that you understand what your rights are and how to present your case and how to defend against the employer's allegations the best possible way. The steaks at SPB hearings can range from as low LOI (letter of instruction) or LOR (letter of reprimand) to significant pay cuts for a shorter or longer period of times, administrative suspension without pay and even termination. Even a relatively low level of discipline can affect the state employee's future career by preventing them from applying from promotion and salary in crease as soon as they otherwise could. 

An experienced employment attorney should explain the process to you, understand the facts of your case (both disputed and undisputed by the parties), guide you through the process and ensure that either you get the best deal at the settlement conference stage, or that you get the best representation at the SPB hearing.  

State Personnel Board has significant authority and discretion when rendering decisions on the adverse actions taken by the state agency against its employees. For example, it can sustain employment termination of a state employee or reverse it, order the agency to take the employee back to work and even order back pay of lost wages during the time that the subject employee was not working.

If you are an employee of the State of California and you have been served with notice of adverse action that you would like to contest, contact us to discuss how we can help you.

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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • 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
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case