Notices of Adverse Action

Because civil service employees have a property interest in their positions, the employer cannot deduct pay, reduce benefits, or terminate the employee without affording them certain due process rights. Permanent civil service employees (those who have passed probation) can face Adverse Action for any reason specified under Government Code Section 19572.  

When a department issues a Notice of Adverse Action, they must comply with specific obligations under statute, regulation, and case law (most of which comes from Skelly v. State Personnel Board (15 Cal. 3d 197(1975)). Members facing an adverse action have appeal rights with the State Personnel Board. Appeals must be filed within 30 days. In appeals from Adverse Action, departments bear the burden of proving their factual allegations by a preponderance of the evidence.

If a member comes to you having received a Notice of Adverse Action, it’s critical that you connect them CASE Staff right away.