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Posted by: 7costanza

I am waiting for the Civil Service Commission to make a decision on my bypass appeal..If they rule in my favor what happens then..Can they appoint me back to the date I would have been appointed at. I was getting paid from the city and going through training when my former employer told the appointing authority I had been involved in illegal activities...which is totaly untrue..but the appointing authority took there word for it ...now since its been proven in a court that they made it up ..I feel I should go back to where I would have been had the city properly investigated this matter....

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Posted by: soxrock75

It depends on what your lawyer asks for in his post-hearing brief. The Commission could simply reinstate you to the position or give you back your seniority and hire date or rule for the city/town. From what I am told, this commission is somehwat "pro-appointing" authority, so, if you win, that is a huge step. Good Luck!!

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Posted by: 94c

Quote:

Originally Posted by 7costanza ...now since its been proven in a court that they made it up ..I feel I should go back to where I would have been had the city properly investigated this matter....

Just curious on what kind of court this was and if it was something that wasn't brought up during your background investigation.

If not, then why not?

You don't need to be found not guilty of something in order to be bypassed. They can always raise "character issues".

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Posted by: 7costanza

It was in the civil service court in boston...my background check was done a year before this happened..and everything was fine..my previous employer gave a stellar recommendation to the investigator, I was well on my way to being appointed. going through all the training, but my previous employer fired me, we had attempted to form a union and I was the Vice President so after the Union election was denied I was targeted and never treated the same, they made up some lies and fired me. Now since my lawyer has proven that they made this stuff up im hoping that ill get back to my original seniority.

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Posted by: Crvtte65

I cannot say from personal experience however I just attended some training from Pat Rodgers and he said:

Quote:

The Civil Service Commission can NEVER order an appointing authority to hire someone

The best they would be able to do, according to Rodgers, is to have you put at the top of the list for life. The appointing authority can still bypass you if they want to later on.

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Posted by: Delta784

Civil service is not a court, and cannot order someone be hired. What they can do is order your name be placed at the top of the next certification list and essentially bars you from being disqualified for the reason you appealed your bypass.

A municipality can ignore a civil service order, but their orders are almost always upheld by a court order, which CAN order someone hired/rehired.

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Posted by: T4567

I use to work at civil service in the late 90's. I agree with the above answers. The only thing they would do is put your name at the top of the list. (unless they have changed things since I left)

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