Sacramento Skelly Hearing Attorney

Bakersfield Disciplinary Hearing Lawyer

Skelly hearings were named for a 1975 case in which the California Supreme Court held that the employee being disciplined was entitled to due process, since his employment with a public entity was a property right.

Any adverse action taken against you, such as termination, demotion or reassignment, invokes your right to due process. Contact a government employment lawyer at our firm for more information. Due process in this instance requires notice of the intended action against you, documentation upon which the action is based, and an opportunity to respond in writing or orally.

If the issue is not resolved via this process, the employee has a right to an administrative hearing. It is the burden of the agency to show a basis for the disciplinary action.

Call 888.311.6133 toll free or send us an e-mail to arrange for a free consultation.

The “Seven Tests of Just Cause” for discipline are:

1. Did the employee have notice that there was a rule? Was it in writing?

2. Was the rule reasonable for conducting business?

3. Did the employer conduct a thorough investigation, including all the necessary evidence?

4. Was there a fair investigation where all parties had the opportunity to present evidence?

5. Did the weight of the evidence favor discipline?

6. Have the rules been applied consistently and fairly to all?

7. Is the discipline appropriate for the cause of action?

Protecting Your Interests, Achieving Your Goals

Contact Kathryn Fox for more information about Skelly Hearings and a consultation with an experienced administrative law attorney. Attorney Kathryn M. Fox will put you at ease and explain your rights. She is a skilled negotiator and can appeal your case if necessary.

Our offices are located in downtown Bakersfield, directly across the street from the courthouses and the Kern County Hall of Records.