What happens after Skelly hearing?
A Skelly hearing ensures that an employee is informed of the allegations, has an opportunity to refute the allegations, and has an opportunity to mitigate the allegations or rehabilitate their standing with the employer prior to the imposition of any actual disciplinary action.
What is Skelly hearing?
What is a Skelly hearing? A “Skelly” is a hearing which must be provided to an employee prior to the imposition of discipline. Generally, Skelly’s must be provided in the case of termination, demotion, suspension, reduction in pay and transfer with an accompanying loss in pay.
What is a Skelly letter?
What is it? This Skelly letter informs the employee of the intent to take a disciplinary action. It sets forth the proposed discipline, the Civil Service Rule(s) that the employee violated, and the facts upon which the charges are based.
Is Skelly hearing confidential?
Before you can be disciplined, you have a constitutional due process right as a peace officer to a pre-disciplinary meeting commonly referred to as a Skelly hearing. In addition, you are entitled to all materials upon which the proposed discipline is based, other than documents deemed confidential.
What is a Skelly review?
The purpose of the Skelly review is to provide the employee the opportunity to respond to the Notice of Proposed Discipline and provide additional information or an explanation that might persuade the Skelly Officer to modify the discipline. The employee has the right to have a representative present.
Why is it called a Skelly hearing?
A Skelly hearing gets its name from a California Supreme Court case called Skelly v. State Personnel Board (1975) 15 Cal. The Skelly court held that a civil service or public sector employee has a property right to his job and could not be deprived of it without due process.
Who are Weingarten Rights named after?
Leura Collins was a sales clerk at Weingarten Supermarket. Originally founded in 1948, Weingarten expanded its operations to 100 stores by 1972, some of which included “lunch counters,”others included “lobby food operations.” These counters/lobbies provided eat-in or carry-out dining options for customers.
What does Skelly mean?
to look sideways
skelly 2. / (ˈskɛlɪ) Scot and Northern English dialect / verb -lies, -lying or -lied (intr) to look sideways or squint.
How many conditions must be met for a meeting to be considered a Weingarten meeting?
Four conditions must be met before an employee’s Weingarten rights are triggered: A management representative must seek to question the employee. The questioning must be in connection with an investigation. The employee must reasonably believe that the interview may result in disciplinary action against the employee.
How did the Skelly hearing get its name?
What is a Skelly hearing? A Skelly hearing gets its name from a California Supreme Court case called Skelly v. State Personnel Board (1975) 15 Cal.3d 194. The Skelly court held that a civil service or public sector employee has a property right to his job and could not be deprived of it without due process.
What happens at a Skelly review officer hearing?
The Skelly Review Officer usually reads the Notice to those present and then allows the employee to respond to the allegations. After the proceedings, the most common outcomes from a Skelly hearing include: Requesting further investigation of the allegations based upon information provided by the employee.
What are the minimum due process requirements for a Skelly hearing?
What are the Skelly Rights? The minimum due process requirements include the following: Employee must receive notice of the proposed discipline (a/k/a Notice of Adverse Action, or “Notice”); Notice must identify the specific rule/policy that has allegedly been violated by the employee;
How long does it take for a Skelly hearing?
It depends upon the underlying public agency, but it can be as quick as five (5) days or thirty (30) days. Employees are encouraged to submit a brief in advance of the hearing addressing the Notice.
