EMPLOYEE RIGHTS AND APPEALS
County employee rights are generally outlined in the County Personnel Policies and Practices Resolution (PPPR) and/or the applicable MOU, if the employee is represented by a union or employee association. The rights identified below frequently arise in matters addressed by the Employee and Labor Relations Division.
If an employee is called into an investigative interview and reasonably believes the outcome of the meeting could lead to discipline or termination, the employee may request union representation. The supervisor or manager may grant the request and delay further questioning until the representative arrives or the supervisor or manager may end the meeting and reschedule meeting to allow the employee to obtain representation. A third choice is for the employee to choose whether to continue with the interview unrepresented or forego the interview altogether.
Employees who are entitled to due process must be given rights commonly referred to as “Skelly” rights. The Skelly procedure requires the employer takes a series of steps when it takes significant action to adversely affect a public employee’s employment through discipline. The Skelly procedure provides the employee an opportunity to respond, either orally, in writing or both, to proposed disciplinary action, before it becomes final.
The federal Americans with Disabilities Act “ADA”, and the California Fair Employment and Housing Act, “FEHA” extend a variety of protections to employees suffering from a disability, including the right to a reasonable accommodation, which enables them to perform the essential job functions of his/her job.
DISCIPLINARY APPEAL RIGHTS
The process of appealing disciplinary action depending on whether the employee is covered by the County Personnel Policies and Practices Resolution (PPPR) or a Memoranda of Understanding (MOU). The following provides common elements of the appeal process.
WHO IS ELIGIBLE TO APPEAL?
The County PPPR or the applicable MOU defines who is eligible to appeal.
ARE THERE TIME LIMITS TO APPEAL?
Time limits are set our in the County PPPR or the applicable MOU.
HOW DO I APPEAL?
The appropriate party, usually the Union on behalf of an employee, files a written appeal in accordance with the terms of the applicable MOU. A management or unrepresented employee may file a written appeal as specified in the County PPPR.