SHOULD I HIRE AN ATTORNEY FOR MY PENNSYLVANIA CIVIL SERVICE COMMISSION APPEAL HEARING? Philadelphia Civil Service Appeal Lawyers

You Should Consider Hiring Counsel 

Before You File a Pennsylvania Civil Service Act Appeal

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The law is very complex, and very rigid. If you have received a personnel action notice, or believe you have been the victim of discrimination, you have only twenty (20) days to file an appeal and,hopefully, obtain a hearing before the Civil Service Commission. 

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.

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…

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!

Simply stated, it is extremely difficult to act as the advocate and the accused in a legal proceeding ("A man who represents himself has a fool for a lawyer!").

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?

Attending an important civil service hearing without legal counsel is in essence a losing proposition. These are sophisticated hearings, and the attorneys that represent the Commonwealth do so constantly. Therefore, it’s a good idea to think carefully about hiring an attorney before you even file your appeal, since the whole case is based upon the way you lay out your appeal at the very outset.

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, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for a Civil Service Hearing in Harrisburg?

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THE INS AND OUTS OF PENNSYLVANIA STATE EMPLOYEES’ RIGHTS UNDER PENNSYLVANIA’S CIVIL SERVICE ACT

You Have Many Rights if you are Employed by the Commonwealth -
You Just Need to Know When and How to Enforce Them!

Are You an Employee of the Commonwealth of Pennsylvania Who Wants to Appeal a Personnel Action?

Certain classes of persons employed by the Commonwealth of Pennsylvania, including its departments and agencies, are entitled to protection from unwarranted discipline, most notably suspensions and terminations, as well as from illegal discrimination. Hence, they have rights far greater than do the ordinary at will employee.

However, the rules relating to how to protect one’s rights, as set forth in the Pennsylvania Civil Service Act, are strictly construed and must be adhered to closely.

How Many Days Do I Have to Appeal a Personnel Decision Under Pennsylvania’s Civil Service Law?

20-Day Deadline 

NOTE: This post deals only with regular full-time employees qualify for protection under the Act.

The first thing to know is that if you feel you have been subjected to unwarranted discipline or termination, or acts of discrimination, you must file an appeal within twenty (20) days from any notice of personnel action or from the date you believe the relevant act of discrimination occurred.  Employees who do not file an appeal within 20 days of notice of the personnel action or of the acts of discrimination that they believe exist will be deemed to have waived their rights under the Act.

Filing a Timely and Concise Appeal Essential

What Should I Say in My Appeal Under Pennsylvania’s Civil Service Act?

Filing an appropriate appeal is an extremely difficult task for the ordinary civil service employee. That is because employees often get distracted by things such as personality conflicts or how other people were not treated the same way, and lose sight of what is actually critical to an appeal. The first way to defeat a personnel action is to prove that the alleged conduct for which the employee has been discipline did not occur. By and large, and for simplicity’s sake, that should be the focus of your appeal. Leave all of the emotional baggage at the door and do not include that in your appeal.

Can I Include Documents Along With My Appeal To The Pennsylvania Civil Service Commission?

Yes, when you file an appeal, you can file documents to be submitted along with the appeal. Of course, far more often than not, the employee does not possess the documents that he or she needs to support their appeal. One may request that the Civil Service Commission issue a subpoena upon 1/3 party to obtain documents that may support the appeal.

Filing an concise appeal in a timely fashion is critical; any issues that are not raised in the appeal will be deemed waived and will not be considered down the road. Any appeal should be accompanied by a request for a hearing before the Civil Service Commission.

The Commission Has a Precise Way of Dealing With Appeals

What Happens After A I File a Pennsylvania Civil Service Employee Appeal With the Pennsylvania Civil Service Commission?

The three-member Civil Service Commission meets once each month to review all new appeals. Sometimes, they will decide the appeal based solely upon the appeal itself and any supporting documentation. Generally speaking, this is not a good thing for employee in serious situations involving termination, prolonged suspension or acts of discrimination. In any event, if the Commission should decide the appeal based merely upon the pay appeal papers filed, you will receive a written decision within a week of the conclusion of the Commission’s meeting.

CLICK HERE to read Why it is a good idea to hire counsel for an employee's hearing before the Pennsylvania Civil Service Commission

What Happens at a Pennsylvania Civil Service Commission Hearing?

If the Commissioners believe that the appeal warrants a formal hearing, you will receive notice in the mail as to the date and time of same. Such hearings are held in a relatively formal atmosphere presided over by one or more of the Commissioners or a Hearing Officer.

Unless the hearing is based solely upon allegations of discrimination, the Commonwealth will have the burden of going first at the hearing and presenting testimony and evidence sufficient to support the personnel action. During this time, you must be proactive in making sure to raise proper objections in a timely fashion.

The Commonwealth will always be represented by an attorney at such a hearing. Typically, the Commonwealth’s attorney will have spent many hours preparing numerous witnesses to present testimony and documentary evidence in support of the Commonwealth’s case before the hearing starts.

Experience tells that perhaps the number one mistake that employees make is passively allowing the employer to introduce whatever evidence it wants in whatever form it wants. Typically, employees do not understand the rules of evidence and, without question, the administrative hearing process can be very intimidating for someone that does not ordinarily engage in legal proceedings.

If you go in there without an attorney, and are just hearing the testimony and evidence for the first time at the hearing, the likelihood of you being able to take advantage of the rules of evidence are relatively remote.  The case may be over before you ever utter a word.

After the employer has presented its case in chief, the employee is given a right to cross-examine the employer’s witnesses. Again, if you are not an experienced attorney this right has little value. My experiences been that few civilians actually understand how to effectively cross-examine their adversary.

Are You Ready to Examine - and be Examined?

Once the employer has closed its case-in-chief, the employee has a right to present his or her case. You must lay out your evidence concisely via testimony and introduction of exhibits.  The employee must be prepared to withstand cross-examination from the Commonwealth’s counsel, as well as intense, precise questioning from the presiding hearing officer.

What Should I Say in my Brief to the Civil Service Commission After my Pennsylvania Civil Service Hearing

Upon conclusion of the hearing, the hearing officer may either permit the parties to submit a closing argument right then and there, or may allow the parties to submit a brief. If briefs are requested by the Commonwealth attorney, that request is usually granted. The Commonwealth often will request briefs, because its attorneys are paid on a salary basis (being employees of the Commonwealth), and they know that they hold a huge advantage over the ordinary civilian when it comes to presenting legal briefs.

The Transcript is the Record of Your Hearing -
Creating and Being Able to Brief the Record is an Art Form 

If briefs are permitted, then you must obtain a copy of the transcript of the proceedings. Writing a brief without the transcript is essentially a waste of time. The cost of the transcript can be several hundred dollars.

In the brief, your focus should be on the inability of the Commonwealth to prove its case.  You achieve this by pointing out inconsistencies in testimony by the Commonwealth’s witnesses, as well as conflicts between testimony and documentary evidence. 

In addition, your brief should wherever possible include citation to Pennsylvania Commonwealth court cases that support the employee’s position.

You have a generous set of rights if you are entitled to a Civil Service Hearing. However, at the hearing, the Commonwealth will be represented by an attorney who does these hearings all of the time, and knows all of the rules!

Do you?

If not, then it is a very wise idea to hire counsel.

Philadelphia Area Civil Service Act Attorneys Representing Employees

Philadelphia Are Employment Attorneys Representing Employees

We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Give us a Call Today

No Charge for an Initial teleconsultation

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Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

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