Skip to Content
Northern California Employment Law Attorneys
State Personnel Board Hearings

California State Personnel Board Hearings Lawyer

A Sacramento Attorney for Civil Service Employees

Are you a public employee employed by a local or state agency who is facing disciplinary action, including potential termination? You may have a right to have such a decision reviewed by the California State Personnel Board (SPB). The SPB has considerable power to correct unlawful terminations and disciplinary actions taken against public employees (like municipal and state employees), including the power to order your employer to pay you any wages that you lost as a result of the unlawful action or reinstate you to your former position.

Having your case heard by the SPB requires you to comply with specific rules and regulations, and success in your SPB hearing is not guaranteed. Increase your chances for success before the SPB by retaining a skilled California SPB hearing attorney.

The California SPB Appeals Process for an Adverse Action

If your employer has taken an adverse action against you, you may appeal that action to the SPB within 30 days of the effective date of that action. “Adverse actions” include suspensions, dismissals, demotions, and other similar actions. Before your employer can take such an action, it must provide you with written notification about the adverse action at least five days in advance of the date the action is to take effect.

You have the right to respond to the written notification provided by your employer. In addition, your employer may schedule a “Skelly” meeting to discuss the pending adverse action and permit you an opportunity to respond to the proposed action. If your employer persists in carrying out the adverse action even after your written response and/or the “Skelly” meeting, you must file your appeal to the SPB no later than 30 days after the adverse action goes into effect.

Your case will then be set for a settlement hearing with an administrative law judge (ALJ) specially trained to hear and decide adverse action-type cases. (If you are seeking the SPB’s intervention for a different type of matter, an ALJ knowledgeable in that specific case type will be assigned to that matter.) If no settlement or amicable resolution is possible, your case will be set for an evidentiary hearing.

What Happens at the Evidentiary Hearing?

At an SPB evidentiary hearing, your employer must produce evidence to establish, by a preponderance of the evidence (i.e., that it is more likely to be true than not true), that:

  1. The allegations contained in your employer’s written notification to you likely occurred;
  2. That the allegations provide the employer with grounds to discipline you;
  3. That the adverse action taken by the employer is appropriate.

The ALJ’s decision in the case will be reviewed by the SPB, who will either affirm and adopt the ALJ’s decision (most likely), modify the decision, or reject the decision. If the SPB rejects the ALJ’s decision, the parties will have an opportunity to argue the case before the SPB itself.

An evidentiary hearing may not be quite the same thing as a trial, but many of the same skills are needed. The Law Offices of Gay Carroll-Haring, is well-equipped to represent your interests before the SPB. Call my office at 916-443-3553 to schedule a case consultation.

  • Our Clients Mean The World To Us

    Discover testimonials from our satisfied clients regarding their experiences with ourĀ firm.

  • We Have Never Lost a Trial

    Through commitment and skill we work hard and get the information needed to win your trial.

  • Our Clients Deserve the Best

    Fill out our consultation form to connect with our caring attorneys and schedule your initial phone conversation.

You Deserve The Best

Contact Us Tody

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • "A Reliable Authority in the Legal Field!"
    Her wealth of knowledge and tech-savvy approach makes her an invaluable asset in our industry.
    Rebecca Falcon Cedillo, LMS Administrator
    McKinney, TX
  • "Such a Pleasure and Positive Energy"
    Gay has so much relaxed positive energy and knowledge you know you have found the best attorney possible.
    Former Client
  • "Outstanding legal support"
    She helped to interpret the actions of my senior management so that I could develop and implement a reaction plan.
    Former Client
  • "Nice to have Gay and her team in my corner!"
    She was realistic about expectations, she kept me informed throughout the process
  • "Excellent Representation"
    Ms. Carroll had my best interest at heart and presented a strong case
  • "Gay Lynne Carroll is #1 in my book!"
    She presents the facts of your case in an understandable manner
    Matthew, a Employment Client
  • "Ready To Go!"
    Mrs.Carroll-Haring was very upfront, ready to begin work, and on task.
    Employment Client
  • "Excellent Counsel Great Value!"
    Gay is a knowledgeable expert and quickly gave me the peace of mind that my issue was well in hand.
    Mike, Employment Client