- The State of California Supreme Court established a public employee's right to appeal a notice of termination in the 1975 landmark case Skelly v. State Personnel Board. The Supreme Court ruled that public employees are entitled to due process and must receive notice of termination at least five calendar days before the termination goes into effect. In general, private employers observe the Skelly ruling and provide employees with advance written notice of termination.
- The U.S. Supreme Court ruling in another 1975 landmark case, NLRB v. Weingarten Inc., established an employee's right to have a union representative present at an appeals meeting or interrogation intended to determine whether an employee will face disciplinary action. In general, private employers observe the Weingarten ruling. However, a lawyer, general counsel or other representative may take the place of a union representative.
- For private employers, the first step in the termination appeals procedure may be for the employee to challenge the notice of termination using a termination appeal form. An uninvolved third-party is then appointed to review the appeal and, based on the findings, either order a hearing or arbitration or take steps to resolve the employee's complaints.
- Once a formal appeals hearing is scheduled, ask for an advance copy of the questions you will be asked as well as all materials upon which your termination is based, including employee conduct reviews and written reports regarding company policy. Prepare your answers so you can present your side as accurately as possible during the hearing.
- The purpose of an appeals hearing is to present your side before an impartial reviewer and, if necessary, call witnesses to further defend your case. Witnesses must provide additional pertinent information and be called one at a time. You will receive notice of the ruling in writing within a specified period of time.
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