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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5221
Experience:  Extensive experience representing employees and management
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I work for a small county in CA. Im being demoted bc I overhelped

Resolved Question:

I work for a small county in CA. I'm being demoted bc I 'overhelped' one of my clients. My position doesn't really have 'policy, procedural, or even guidelines' to determine what appropriate actions I should or should not take with my clients yet I'm demoted for 1) neglect of duty 2) discourteous treatment of public or employee (there is a quote from my client when asked if she felt harrassed by me saying 'no, she was trying to help me' 3) willful disobedience and 4) conduct during outside/inside work hrs which discredits the agency or employment. Is this legal? I have skelly meeting with director in 2 days
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Have you already been demoted or have you been informed you will be demoted after the Skelly hearing?
Customer: replied 2 years ago.
They're waiting to demote me pending the skelly outcome. I was informed yesterday, although I'm still seen as an employment and training worker, I will begin being treated as an eligibility worker until it is formal
Expert:  Joseph replied 2 years ago.
Unfortunately, as long as you are not disciplined or demoted until after the Skelly hearing takes place, then your employer's treatment of you, while unfair and inhumanne, is unfortunately legal.

However, your employer would need to follow all the rules of a Skelly hearing prior to demoting you. You can read about your rights in a Skelly hearing here:

http://cityemployeesassociates.com/My__Skelly__Rights.html


Also, you do have the right to appeal the outcome of the Skelly hearing and request a full evidentiary hearing, in which your employer would need to demonstrate evidence that supports the acusations that are being made against you in regards XXXXX XXXXX job performance and other issues.
Customer: replied 2 years ago.


Other than my union representative, am I allowed to present statements from other co-workers who have held my position who can back up my job description or have them interviewed as well?

Expert:  Joseph replied 2 years ago.
Yes, you can present statements from other co-workers who have held your position and can support your job description.

You can request that they be interviewed as well, although you don't have subpoena power in a Skelly hearing, so you couldn't force them to testify on your behalf.
Joseph, Lawyer
Satisfied Customers: 5221
Experience: Extensive experience representing employees and management
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Joseph
Joseph
California Employment Lawyer
5221 Satisfied Customers
Extensive experience representing employees and management