Civil Service Job Protection
This is Dial-Law with information on Civil Service Job Protection. It
gives general information about employment rights of civil service
Civil service laws and regulations provide certain kinds of employment
security to long-term employees of federal, state and local
After a set period of government service, the employee achieves what is
called "career" status. Before that time, the person is a probationary
employee and may be discharged without cause, as long as there is no
discrimination on the basis of national origin, race, religion, color,
age or sex. For employees of the state or local government entities
there is also protection from discrimination on the basis of marital
status, mental or physical handicap unrelated to ability to perform the
job and unfavorable discharge from the military.
A probationary employee is not entitled to a notice or a hearing on a
dismissal. However, a career employee must receive notice of the reasons
for the proposed discharge. The employee is to have an opportunity to
respond in writing and to appear in person to contest the dismissal.
Whether the discharge should be sustained must be decided by someone
other than the person who made the charges leading to the proposed
If the decision goes against the career employee, the employee can
appeal. Federal employees appeal to the Merit System Protection Board.
At the state and local levels, the appeal goes to one of the various
civil service commissions.
The employee who appeals is entitled to be represented by an attorney,
to have a hearing, to produce witnesses and to cross-examine the
witnesses of the person seeking the dismissal. There is also a right of
appeal to the courts.
However, an employee of the U.S. Postal System does not have the
benefits and protection of the civil service statutes and regulations,
unless he has veteran's preference as a former member of the U.S. Armed
Forces. If he is a non-veteran, he must rely on his union, the union
agreement, and the grievance procedure it provides.