State Employees and California State Personnel Board Defense
The State of California has one of the largest and most complex bodies of government employing more than 235,000 employees across 231 different agencies serving more than 39 million Californians. It’s no wonder that the issues surrounding State Employment are one of the most common arenas Goyette, Ruano & Thompson has worked with over the past 30 years.
Like individuals working in the public sector elsewhere in the country, employees of the California state government work tirelessly to provide worthy services in fields like civic administration, architecture and engineering, entertainment, tourism, maintenance, and more, performing duties that benefit the entire community. As employees of the California state government, they are eligible for certain rights and benefits. However, at times, they have to fight in a court of law to keep them.
While many state employees are included in bargaining units of varying sizes, there are also thousands of employees that are considered “excluded” without the right to bargain. Our state employee lawyers in Sacramento and other parts of California focus on representing not just associations but also individuals in what can seem like an impossible task – taking on the state.
The California State Personnel Board (“SPB”) is the independent agency vested with primary responsibility for the classification and compensation of most state employees. The SPB also adjudicates employee appeals of disciplinary actions regarding California state employees.
We handle any California State Personnel Board defense matter on behalf of our clients, including hearings, appeals, writs of mandate and everything in between.
Flat Fee California State Personnel Board Defense for Employees Served with an Adverse Action
Many of our clients first contact us after they have been served with a Notice of Adverse Action. Believe it or not, there is a significant amount of power in promptly appealing an adverse action served on them by their employing state agency or department – something often California public employees fail to appreciate.
Under the California constitution, nearly every disciplinary action taken against a public employee falls under the jurisdiction of the California State Personnel Board. A successful appeal can completely reverse the adverse decision, result in the restoration of lost benefits and salary, and/or promote a global settlement of the dispute even if returning to work is not the desired option for the employee or the employer.
Adverse actions that may be appealed to the California State Personnel Board include: (1) suspensions; (2) demotions; (3) reductions in salary; and, (4) terminations. An appeal of adverse action must be filed within 30 days from the effective date of the personnel action. Late appeals will not be accepted unless there is good cause shown for the delay.
Known throughout California as “Mr. SPB”, Richard Fisher has been practicing before the SPB since he won his first case in 1995. In response to the uncertainty of the economy and the inflationary pressures, everyone is feeling – the government’s reassuring comments to the contrary notwithstanding – Mr. Fisher has been leading the charge for Goyette, Ruano & Thompson to launch an innovative legal flat fee program designed to provide clients with the very best SPB defense; now available at a fixed flat rate, which gives our clients the convenient benefit of knowing exactly what legal bill you are facing for the duration of your case – no surprise bill based on an hourly rate to be worried about.
Contact Goyette, Ruano & Thompson if you have recently been served with a Notice of Adverse Action. The GRT team will personally provide you with a complimentary, no-commitment, initial consultation.
Fixed Flat Fee for Writs of Mandate and Traditional Appeals to the Courts of Appeal
Many peace officers and public and private employees fail to appreciate the power of appealing an adverse employment decision handed down by an administrative law judge, arbitrator, or superior court judge. A successful appeal can completely reverse the adverse decision, result in the restoration of lost benefits and wages, and/or promote a global settlement of the dispute even if returning to work is not the desired option for the employee or the employer.
After the “street fight” of an administrative or trial court proceeding is over, most employees are simply exhausted. An adverse decision from an administrative law judge, arbitrator, or judge can simply be too much for one’s emotional resources. Ironically, many employees quit the fight too soon. A dispassionate review of the trial record may reveal that reversible error occurred during the trial — the adverse employment decision might be legally infirm, the result of reversible procedural violations, or an abuse of discretion exercised by the judge or arbitrator.
The Writs and Appellate Law Division at Goyette, Ruano & Thompson specializes in discerning whether the case should be appealed. Often we can confidently tell our clients, “it’s not over!” and then pursue either a writ of mandate or a traditional appeal in the state or federal courts of appeal. We have a strong record of getting arbitrary and capricious decisions overturned or modified on appeal, including erroneous decisions rendered by administrative tribunals, including the California State Personnel Board and the Office of Administrative Hearings, as well as decisions by arbitrators and superior court judges.
Contact Goyette, Ruano & Thompson if you have recently lost a trial or an administrative disciplinary case and you would like some plain talk and a candid assessment of your appellate options, and how the flat fee program works.
No matter what, Goyette, Ruano & Thompson will provide you with the very best California State Personnel Board defense available, but at a low, fixed price you can count on.