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Skelly Rights: Your Essential Guide to Due Process in Employment
Definition & Meaning
Skelly rights refer to an employee's due process rights concerning disciplinary actions taken by their employer. This includes the right to receive notice of intended disciplinary action, access to the materials that support the action, and the opportunity to respond"either verbally or in writing"to an impartial reviewer before any discipline is enacted. The term originates from the landmark case Skelly v. State Personnel Board, where the California Supreme Court recognized that an employee has a property interest in their job, necessitating due process before termination or disciplinary action.
Table of content
Legal Use & context
Skelly rights are primarily used in employment law, particularly in cases involving public sector employees. These rights ensure that employees are treated fairly during disciplinary procedures, which can include suspension or termination. Understanding Skelly rights is essential for employees facing disciplinary actions, as it helps them navigate the legal landscape effectively. Users can utilize US Legal Forms templates to prepare necessary documents and responses related to disciplinary actions.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) An employee receives a notice from their employer stating that they are facing suspension due to alleged misconduct. Under Skelly rights, the employee is entitled to review the evidence against them and has the chance to present their side of the story before any disciplinary action is finalized.
Relevant laws & statutes
The primary legal reference for Skelly rights is the California Supreme Court case Skelly v. State Personnel Board, 15 Cal. 3d 194 (1975). This case established the framework for due process in employment disciplinary actions for public employees in California.
Comparison with related terms
Term
Definition
Due Process
A broader legal principle ensuring fair treatment through the judicial system.
Employee Rights
General rights afforded to employees, which may include Skelly rights but also cover other protections.
Grievance Procedure
A formal process for employees to raise complaints, which may or may not involve Skelly rights.
Common misunderstandings
What to do if this term applies to you
If you are facing disciplinary action and believe Skelly rights apply, take the following steps:
Request a copy of the materials related to the disciplinary action.
Prepare your response, addressing the allegations against you.
Consider using US Legal Forms to access templates for your response or any related documents.
If the situation is complex, seek advice from a legal professional.
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