You
Should Consider Hiring Counsel
Before You File a Pennsylvania Civil Service Act
Appeal
CALL TODAY AND WE CAN DISCUSS YOUR CASE AT NO COST TO YOU
610-647-5027
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| If You are Employed by the Commonwealth, You May have a Right to Contest and Negative Employment Action |
In filing the appeal, it is critical that you raise every legal issue you intend to have considered by the Commission. Issues that are not raised in the appeal will be deemed waived. It is very difficult for the average person to know what issues to raise, and judgment is usually clouded by emotion. That is why it is an excellent idea to hire an attorney to assist you in preparing the appeal.
Can
I Conduct Discovery Before the Start of a Pennsylvania Civil Service Hearing?
You can ask the Commission to issue a
subpoena to the employer or to third-parties requesting the production of
documents prior to the start of the hearing.
In addition, the Commonwealth is required to provide you with a list of witnesses before the start of the hearing.
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| You Can Obtain Substantial "Discovery" During Pre-Hearing Conference |
In addition, the Commonwealth is required to provide you with a list of witnesses before the start of the hearing.
In cases where you have retained counsel
and he/she has entered his/her appearance, a Pre-Hearing Conference will be
held by the Commission and your attorney will be able to determine a good deal
about the evidence the Commonwealth intends to produce at the hearing.
How
Does a Lawyer Help Me During a Pennsylvania Civil Service Hearing?
Any employee granted a civil service hearing is entitled to be represented by counsel. Based upon my experience, and
for reasons discussed below, it is my view that obtaining counsel to represent
you in a civil service hearing is critically important.
First, it is imperative to understand
that in a case involving discipline imposed by the Commonwealth, the employer
has the burden of producing competent evidence, via testimony and documents, of
the employee’s wrongdoing. In other
words, the employer must present its case first! If the employer does not meet its burden, the
employee does not need to produce any evidence.
However, only an attorney will know if the Commonwealth has met its burden
of production…
A qualified attorney most frequently win hearings by excluding evidence (such as hearsay and irrelevant matters), and by cross-examining witnesses to expose inconsistencies, implausabilities and weaknesses. This is what we are trained to do; employ the Rules of Evidence, review documents while hearing testimony explaining their meaning and asking questions designed to undo the employer’s case.
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| Exclusion of Sketchy, Prejudicial Evidence and Rigorous Cross-Examination of Employer Witnesses Key to Success |
A qualified attorney most frequently win hearings by excluding evidence (such as hearsay and irrelevant matters), and by cross-examining witnesses to expose inconsistencies, implausabilities and weaknesses. This is what we are trained to do; employ the Rules of Evidence, review documents while hearing testimony explaining their meaning and asking questions designed to undo the employer’s case.
Invoking the Rules of Evidence and
subjecting the employer’s witness to searching cross-examination are by far the
most crucial tasks that lead to a win or a loss. Few civilians are equipped to do so, no matter how bright and educated they may be.
Don't Play the Fool!
Once the employer’s case is finished,
the employee must provide evidence explaining why he/she did not engage in the
acts he/she is accused of, or must prove that the acts did not violate a given
company policy. This is exceptionally
hard to do without counsel.
It is extremely difficult to present
testimony without an advocate. Imagine having to sit there and precisely detail
all of the crucial evidence that you believe is important for the Commissioner’s
consideration. Not only must you have prepared extensively before the start of
the hearing but you must be prepared to adapt --because the evidence presented during
any legal proceeding is rarely in line with what you believe the evidence will
be at the outset of the hearing.
Further, even if you are able to present
relevant evidence that is helpful in a clear fashion, you must then be able to
withstand cross-examination by the Commonwealth’s attorney, who makes his or
her living cross-examining people like you that have never been in front of the
Civil Service Commission. Further, you will thereafter be subjected to
questions from the presiding Commissioner(s) or hearing officer. The normal human instinct
is to be agreeable in such settings but, we have found, agreeable folks often
make admissions that are used against them in a dispositive fashion.
The hearing is transcribed, so it is
important that you make all necessary objections based upon evidentiary rules
such as relevance, hearsay, etc. If you do not make appropriate objections at
the hearing, those objections will be deemed waived for further purposes of the
appeal.
Is it a Good Idea to Hire Counsel for a Pennsylvania Civil Service Hearing?
Is it a Good Idea to Hire Counsel for a Pennsylvania Civil Service Hearing?
610-647-5027
Philadelphia Area Civil Service Act Lawyer Representing Employees at Hearings Before Civil Service Commission
We typically represent workers who need an employment lawyer
in Philadelphia County, Chester County, Delaware County, Bucks County,
Berks County, Lancaster County and Montgomery County.
Pennsylvania Civil Service Act Employment Attorneys Provide Free
Telephone Consultations (15 Minutes in Duration)
If you are looking for an employment lawyer, and
live in Flourtown, Ft. Washington, Ambler, Paoli, Frazer, Exton, Malvern, Media, Downingtown, Oxfords, Kennett Square, King of Prussia, Broomall, Newtown Square, Springfield, Media, Upper Providence, Nether Providence, Ardmore, Lower Gwynedd, Wayne, Villanova, Devon, Bryn Mawr, Flourtown, Collegeville, Lansdale, Doylestown, Chalfont or any of their surrounding towns,
Need an Experienced Lawyer for a Civil Service Hearing in Harrisburg?
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