SKELLY RIGHTS:
Public Employees' Rights to Due Process

Public employees have due process protections on the job, as determined by the California Supreme Court. The result of rulings in the Skelly case, these are referred to as your Skelly rights.

Public employees are entitled to a "pre-disciplinary hearing." An employee must be given a written notice of proposed disciplinary action. The notice must include:

• a statement of the nature of the proposed discipline
• the effective date of the proposed discipline
• the reasons for the discipline
• the specific policy or rule violated
• a statement about the right to respond orally or in writing.

The purpose of the Skelly rule is to allow employees an opportunity to respond to the charges and to request a reduction or elimination of the discipline. It also allows for an opportunity to check out the evidence that management has against the employee.