Registered Nurses Professional Association

LEGAL RIGHTS
Just Cause
Weingarten Rights
Skelly Rights
RNPA Contract
Settlement
Agreements

NURSE PRACTICE
BRN Policy on
Patient
Abandonment

SKELLY RIGHTS

The California Supreme Court upheld that all public employees, whether tenured or probationary, permanent or temporary, may in some instances possess liberty interests in employment and thus are protected by due process. Skelly v State Personnel Board (1975). Regardless of whether good cause is ultimately found to exist for an employee’s discharge or discipline, before an employee can be deprived of the property interest he or she has in a job, certain procedural safeguards must be provided.

Before you can be disciplined you must be given:

Notice of a hearing
Notice of the proposed discipline, in writing
The reasons for the proposed discipline, in writing
Other pertinent information, including copies of the policies allegedly violated and any other statements or documents which the employer considered in proposing the discipline
The right to representation at and in preparation for the hearing
The right to respond to the authority initially imposing the discipline

Skelly rights are pre-removal safeguards. They are required even if the public employer provides a full evidentiary hearing after imposing the discipline. Any public employee who is disciplined without this process is entitled to full back pay for the period of time up until a proper hearing is held, regardless of whether the discipline itself is upheld.

ALERTS

ANNOUNCEMENTS

Continuing Ed
Classes