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A Skelly hearing derives its name from Skelly v. State Personnel Board (1975) 15 Cal. 3d 194. Dr. Skelly, a permanent civil service employee, was terminated from his employment with the State of California. The California Supreme Court determined, among other things, that he was deprived of his due process right to pre-disciplinary discovery ...
Mar 1, 2022 · The Skelly hearing is part of the due process rights required in California. Permanent public employees are entitled to certain procedural safeguards before any serious discipline can be imposed. A Skelly hearing ensures that the employer provides the employee with the following: Notice of the proposed disciplinary action;
- Correcting Performance Problems
- Giving Feedback on Employee Performance
- What’s The Point of Talking About Improving Work Performance?
- Before You Have A Counseling Meeting
- Logistics and Attitude: Set Up The Counseling Meeting to Succeed
- Scheduling A Meeting with The Employee and The Right to Representation
- Having The Conversation
- What If The Employee Brings Up A Personal Problem?
- Following Up
- Documenting The Feedback You Give
You’ve hired the best person for the job and you’ve done everything you can to explain the job clearly. You have made yourself available and offered training and support, but unfortunately your employee’s performance is still below the acceptable level. It’s time to implement the Corrective Phase. In the Corrective Phase, you explain to the employe...
Most people are comfortable giving positive feedback but less so with giving critical feedback, even when the goal is improving performance on the job. Giving constructive feedback is a skill that good supervisors must first learn and then practice. Here are some basic tips: 1. Set a good example. Treat your subordinates and coworkers with respect...
Nobody enjoys talking about performance problems but supervisors have to do it because: 1. It works: Most performance problems are resolved by reviewing what is expected of the employee, talking over what went wrong in those instances where the expectation is not met, and deciding on a new course of action for the future. 1. It’s fair: not just fai...
Make sure your supervisor and HR staff members are aware of the problem and support your plan for addressing it. You need to discuss with your own supervisor your plan for corrective action: the pr...Check the applicable MOU about any special procedures or rights the employee has when being counseled on a performance problem.Does this employee have a “Right to Representation”in a counseling meeting? Talk to your HR or LR staff to make sure you understand the employee's rights before the meeting.Is the employee classified as a peace officer or a firefighter, EMT or paramedic? Special rules apply. Again, consult with your HR or LR staff.You will need: 1. Privacy - if you don’t have a private office, find a private room to use for the meeting. 1. Enough time. If you think you’ll need 30 minutes to convey your feedback, plan on spending at least twice that long to allow for conversation and questions. 1. Copies of documents you want to use as examples, good and bad, to illustrate yo...
If you tell an employee you want to meet to discuss their performance, he may ask to bring a union representative to the meeting. Check with your HR office and review the employee’s MOU with your LR office in order to learn about the employee’s right to representation and how to handle the request. As a very general rule of thumb, if the meeting is...
Review the performance expectations you have established for the job. Point out where the employee’s performance deviates from the expectations. Tell the employee what he or she needs to do to meet the standard and explain the support you will provide. Remember, your goal is to reach an understanding with the employee about how to correct the perfo...
Throughout this guide, we advise you not to ask the employee if they are having a personal or medical problem, but instead to focus on the employee's actual performance. As a supervisor, when you inquire into an employee’s health or personal life, even with the best of intentions, you can find yourself accused of inappropriate conduct. For example,...
You should document the discussion and any conclusions you reached. This documentation is for your records and is not generally given to the employee since it is just your record of what you said to the employee. In the next section we provide detailed guidance on how to document both feedback and corrective action. For some job classifications, th...
Whenever you conclude a performance discussion with an employee, whether it is just delivering a compliment or a private sit-down to discuss a problem, make a record about what was said and add the notes to your supervisor’s file right away. Documentation does not need to be a burden. Emailing yourself | Emailing yourself - Text Only (RTF)has the a...
What is a Skelly hearing? A “Skelly” is a hearing which must be provided to an employee prior to the imposition of discipline. Generally, Skelly’s must be provided in the case of termination, demotion, suspension, reduction in pay and transfer with an accompanying loss in pay.
Jun 28, 2022 · What’s a “Skelly” Conference, Again? Legal Requirements and Best Practices for Complying with Employees’ Due Process Rights When Imposing “Significant” Discipline - Liebert Cassidy Whitmore. CATEGORY: Blog Posts. CLIENT TYPE: Public Employers. AUTHOR: Alysha Stein-Manes. PUBLICATION: California Public Agency Labor & Employment Blog.
Legal FAQs. What is a Skelly hearing? A “Skelly” is a hearing which must be provided to an employee prior to the imposition of discipline. Generally, Skelly’s must be provided in the case of termination, demotion, suspension, reduction in pay and transfer with an accompanying loss in pay.
A Skelly Hearing is a pre-disciplinary hearing named after a 1975 California Supreme Court case which solidified public employees’ rights when faced with disciplinary action. A Skelly Hearing is part of due process to provide public employees with the reason for disciplinary action before that action is taken.
