Other Civil Service Information
Employee Appeal Process
As a state classified
employee, you have the right to appeal any employment action or decision that
violates Article X of the State Constitution or a Civil Service Rule or that
discriminates against you because of your political or religious beliefs, sex,
or race. Once you attain permanent status, you gain the right to appeal any
disciplinary or removal action taken against you.
To be timely, an appeal
claiming an Article/Rule violation or discrimination must be filed within thirty
calendar days following the date you learned or became aware that the action
occurred. An appeal challenging a disciplinary or removal action must be filed
within thirty calendar days following the day you received written notice of the
action. Filing a grievance with your agency does not give you extra time to file
an appeal.
An appeal must be in
writing and must: provide your (and your attorney’s) mailing address; identify
the action you are challenging; state the date you received written notice of
that action or the date you learned that the action occurred; explain why you
are challenging the action; and state the relief you want. Appeals claiming
Article/Rule violations or discrimination must provide facts, pleaded in detail,
to support the conclusion that the violation or discrimination occurred.
An appeal may be filed in
any of the following ways:
Mail: Department of State
Civil Service, Appeals Division,
P. O. Box 94111
,
Baton Rouge
,
LA
70804
-9111
Hand or courier delivery:
Department of State Civil Service, Claiborne Building, 1201 North Third Street,
Suite 3-240, Baton Rouge, LA.
Fax: (225)
342-8058
E-mail: dscs.appeals@la.gov
If you have a right to
appeal and if your appeal is timely, your case will usually be decided based on
evidence (from witnesses and documents) presented at a hearing. Appeal hearings
are conducted throughout the state, generally where most of the witnesses are
located. Hearings are like trials in civil court. You call witnesses, question
them under oath, and cross examine witnesses called by the agency. Certain
procedural and evidentiary rules apply. After the hearing is concluded, you will
receive a written decision. If you disagree with the decision, you can appeal it
to the courts.
You may represent yourself
or you may hire an attorney to represent you. (Civil Service staff cannot
represent you.) If you choose to hire an attorney, you are responsible for
paying his or her fees. If you are successful in your appeal, you may be awarded
up to $1500 in attorney’s fees. About two-thirds of the employees who file
appeals choose to be represented by attorneys.
For detailed information
concerning the appeal process, see the
FAQ’s and the
instructions for filing an appeal (“the yellow sheet”) in the “Appeals” section of this site.
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